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U.S. v. JEFFERS

No. 06-5289.

570 F.3d 557 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Marc Anthony JEFFERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Katherine A. Warren, Wheat & Wu, Washington, DC, for Appellant. Jean Barrett Hudson, Office of the United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Judith L. Wheat, Shanlon Wu, Wheat & Wu, Washington, DC, for Appellant. Julia C. Dudley, Acting United States Attorney, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined. Judge NIEMEYER wrote a separate concurring opinion.

OPINION

KING, Circuit Judge:

Defendant Marc Anthony Jeffers was convicted in the Western District of Virginia of conspiring to distribute 50 grams or more of a mixture or substance containing cocaine base, in contravention of 21 U.S.C. § 846 (the "conspiracy offense"), and of using or carrying a firearm during and in relation to a drug trafficking crime, and of possessing a firearm in furtherance of that crime, in violation of 18 U.S.C. § 924(c...

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