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U.S. v. BURGESS

No. 04-4997.

478 F.3d 658 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Lavon BURGESS, a/k/a Buck Black, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 2007.

Attorney(s) appearing for the Case

ARGUED: W. James Hoffmeyer, Florence, South Carolina, for Appellant. Robert F. Daley, Jr., Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Reginald I. Lloyd, United States Attorney, A. Bradley Parham, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER joined.

OPINION

SHEDD, Circuit Judge.

Keith Lavon Burgess pled guilty to conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 846. In sentencing Burgess, the district court applied the enhanced 20-year mandatory minimum sentence required by 21 U...

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