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U.S. v. BREWER

No. 06-4836.

520 F.3d 367 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Leon BREWER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 2008.

Attorney(s) appearing for the Case

ARGUED: Meghan Suzanne Skelton, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Richard Daniel Cooke, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Dennis Fitzpatrick, Assistant United States Attorney, Martha Pacold, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before NIEMEYER and KING, Circuit Judges, and JAMES A. BEATY, JR., Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge BEATY joined.

OPINION

KING, Circuit Judge:

Arthur Leon Brewer appeals from his sentence of seventy months in prison, imposed in the Eastern District of Virginia on his 2006 conviction for distributing more than five grams of cocaine base ("crack"), in violation of 21 U.S.C. § 841(a)(1). On appeal, Brewer, who is mentally handicapped, contends that...

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