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U.S. v. HARGROVE

No. 06-4018.

478 F.3d 195 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Keith A. HARGROVE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 2007.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Maguire, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Michael S. Day, Office of the United States Attorney, Richmond, Virginia, for Appellee.

ON BRIEF: Michael S. Nachmanoff, Acting Federal Public Defender, Richmond, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Peter S. Duffey, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before WILKINS, Chief Judge, and WIDENER and MOTZ, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER joined. Chief Judge WILKINS wrote a separate opinion concurring in part and dissenting in part.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Keith Hargrove pleaded guilty to three drug counts and was then tried and convicted of possession of a firearm in furtherance of drug trafficking...

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