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U.S. v. STEPHENS

No. 05-4668.

482 F.3d 669 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Wayne STEPHENS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Thomas Erwin Wray, Roanoke, Virginia, for Appellant. Jean Barrett Hudson, Assistant United States Attorney, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.

ON BRIEF: John L. Brownlee, United States Attorney, Edward Albert Lustig, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Before WIDENER, SHEDD, and DUNCAN, Circuit Judges.

Reversed in part, and vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge SHEDD and Judge DUNCAN concurred.

OPINION

WIDENER, Circuit Judge:

I.

Terry Wayne Stephens appeals his convictions, after a jury trial, of one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (2000) (Count One), and one count of using, carrying, and discharging a firearm in relation...

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