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U.S. v. PERRY

No. 07-4727.

560 F.3d 246 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick Jomell PERRY, a/k/a Mel, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 23, 2009.

Attorney(s) appearing for the Case

ARGUED: Rudolph Alexander Ashton, III, McCotter, Ashton & Smith, P.A., New Bern, North Carolina, for Appellant. Banumathi Rangarajan, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed in part; vacated and remanded in part by published opinion. Judge TRAXLER wrote the opinion, in which Judge AGEE and Judge SMITH joined.

OPINION

TRAXLER, Circuit Judge:

Derrick Jomell Perry appeals his convictions and sentences for distribution of crack cocaine, possession with intent to distribute marijuana, and possession of a firearm during and in relation to a drug trafficking crime. We affirm Perry's convictions, but vacate the sentence and remand for resentencing.

I.

In May 2004, the Franklin County Sheriff's Department, working in cooperation with other law enforcement...

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