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U.S. v. MARTINEZ-MELGAR

No. 08-4569.

591 F.3d 733 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Alfredo MARTINEZ-MELGAR, a/k/a Alfredo Antonio Martinez-Melgar, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 20, 2010.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Mark Andrew Jones, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Cecilia Oseguera, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Senior Judge ELLIS wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.

OPINION

ELLIS, Senior District Judge:

Appellant, convicted on charges of drug trafficking and possession of a firearm during and in relation to the drug trafficking conviction, challenges his sentence as procedurally infirm. He claims the district court erroneously counted disposition by a state drug court supervision program as a "prior sentence" within the meaning of U.S.S.G. §§ 4A1.1 and 4A1.2. We agree...

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