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U.S. v. NELSON

No. 06-4333.

484 F.3d 257 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. James Randy NELSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 2007.

Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Rachel L. Brand, United States Department of Justice, Office of the Attorney General, Washington, D.C., for Appellee.

ON BRIEF: Michael S. Nachmanoff, Acting Federal Public Defender, Riley H. Ross, III, Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Alexandria, Virginia, James Ashford Metcalfe, Assistant United States Attorney, Edward K. Nickel, Third Year Law Student, Office of the United States Attorney, Norfolk, Virginia, for Appellee.

Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge HAMILTON wrote the majority opinion, in which Judge WILLIAMS joined. Judge MOTZ wrote a dissenting opinion.

OPINION

HAMILTON, Senior Circuit Judge.

James Nelson pled guilty to possession of five grams or more of cocaine base (crack) with the intent to distribute, 21 U.S.C. §§ 841(a)(1) and (b)(l)(B), and to possession of cocaine with the intent to distribute, id. §§ 841...

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