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U.S. v. DEWS

Nos. 08-6458, 08-6476.

551 F.3d 204 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell DEWS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Brian Allen, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 2008.

Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellants. Barbara Slaymaker Sale, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Baltimore, Maryland; Sherri Keene, Staff Attorney, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellants. Rod J. Rosenstein, United States Attorney, Mythili Raman, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Reversed and remanded by published opinion. Senior Judge ELLIS wrote the opinion, in which Judge GREGORY joined. Judge AGEE wrote a dissenting opinion.

ELLIS, Senior District Judge:

Appellants, Darrell Dews and Brian Allen, pled guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base and one count of money laundering pursuant to plea agreements entered into under Rule 11(e)(1)(C), Fed.R.Crim.P.1 Both plea agreements included an agreement that a custody sentence of 168 months would be the appropriate...

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