No. 05-4270.

436 F.3d 449 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Aaron GREEN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 6, 2006.

Attorney(s) appearing for the Case

ARGUED: Christopher John Romano, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Martin Gregory Bahl, Office Of The Federal Public Defender, Baltimore, Maryland, for Appellee. ON BRIEF: Allen F. Loucks, United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellee.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Judge GREGORY joined.


NIEMEYER, Circuit Judge.

Charles Aaron Green pleaded guilty to conspiracy to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. § 846. Although Green qualified as a career offender under U.S.S.G. § 4B1.1, having two prior felony convictions for drug trafficking, the district court decided...

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