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U.S. v. FOSTER

Nos. 04-4618, 04-4619, 04-4620.

507 F.3d 233 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Demarco FOSTER, a/k/a Turk, a/k/a Ace, a/k/a Little Aaron, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Keon Moses, a/k/a Black, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Lafayette Taylor, a/k/a Mike Mumbles, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert Whelen Biddle, Nathans & Biddle, L.L.P., Baltimore, Maryland; Arcangelo Michael Tuminelli, Baltimore, Maryland, for Appellants. Stephanie Agli Gallagher, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Robert H. Waldman, Annapolis, Maryland, for Appellant Michael Lafayette Taylor; Teresa Whalen, Silver Spring, Maryland, William B. Purpura, Baltimore, Maryland, for Appellant Aaron Demarco Foster. Rod J. Rosenstein, United States Attorney, Andrea L. Smith, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINSON, Circuit Judge, HAMILTON, Senior Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILKINSON and Senior Judge ELLIS joined.

OPINION

HAMILTON, Senior Circuit Judge:

These are the consolidated appeals of three defendants, Keon Moses, Michael Taylor, and Aaron Foster, who were tried, convicted, and sentenced for conspiracy to possess with the intent to distribute and to distribute fifty grams or more of cocaine base (crack), 21 U.S.C. § 846...

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