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U.S. v. WALLACE

No. 06-5016.

515 F.3d 327 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Donovan Lamont WALLACE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2008.

Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant. Stephen Donald Warner, Assistant United States Attorney, Office of the United States Attorney, Elkins, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.

Before NIEMEYER and GREGORY, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge FLOYD joined.

OPINION

GREGORY, Circuit Judge:

The appellant, Donovan Lamont Wallace ("Wallace") was tried and convicted of conspiracy to distribute cocaine and crack cocaine in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846 (2004) (Count 1), possession with intent to distribute crack cocaine within 1,000 feet of a playground in violation of...

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