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U.S. v. MORELAND

Nos. 05-4476, 05-4571.

437 F.3d 424 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Brian A. MORELAND, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Brian A. Moreland, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant/Cross-Appellee. Hunter P. Smith, Jr., Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee/Cross-Appellant. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee/Cross-Appellant.

Before WILKINS, Chief Judge, LUTTIG, Circuit Judge, and WALTER D. KELLEY, JR., United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part; vacated and remanded in part by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge KELLEY joined.

OPINION

WILKINS, Chief Judge.

Brian A. Moreland appeals his convictions on two counts of possession with the intent to distribute cocaine base, see 21 U.S.C.A. § 841(a)(1) (West 1999). The Government cross-appeals Moreland's sentence,1 arguing that the district...

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