U.S. v. PYLES

No. 06-4522.

482 F.3d 282 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Derry Drew PYLES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 2007.


Attorney(s) appearing for the Case

ARGUED: Zelda Elizabeth Wesley, Assistant United States Attorney, Office of the United States Attorney, Clarksburg, West Virginia, for Appellant. James Bryan Zimarowski, Morgantown, West Virginia, for Appellee. Rita R. Valdrini, Acting United States Attorney, Wheeling, West Virginia, for Appellant.

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.


Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

WILLIAMS, Circuit Judge.

Derry Drew Pyles pleaded guilty to one count of aiding and abetting the distribution of crack cocaine, in violation of 21 U.S.C.A. § 841 (West 1999 & Supp.2000). Although the advisory guideline range called for 63-78 months' imprisonment, the district court imposed a variance sentence of 5 years' probation...

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