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U.S. v. GRAY

Nos. 05-4397, 05-4398.

491 F.3d 138 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua Brent GRAY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Terrence A. Askew, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2007.

Attorney(s) appearing for the Case

ARGUED: Jonathan David Byrne, Office of the Federal Public Defender, Charleston, West Virginia; Mark Lawrence French, Criswell & French, P.L.L.C., Charleston, West Virginia, for Appellants. Richard Gregory McVey, Office of the United States Attorney, Huntington, West Virginia, for Appellee.

ON BRIEF: Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant Joshua Brent Gray. Charles T. Miller, Acting United States Attorney, Huntington, West Virginia, for Appellee.

Before WILLIAMS, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Chief Judge WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

This case arises out of the arrest of defendants Terrence Askew and Joshua Gray at the Huntington, West Virginia apartment leased by Gray. Defendants were charged with conspiracy to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2000) and...

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