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U.S. v. FENNELL

No. 08-7238.

592 F.3d 506 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Cory Dexter FENNELL, a/k/a Ace, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2010.

Attorney(s) appearing for the Case

ARGUED: G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

DAVIS, Circuit Judge:

Following a guilty plea pursuant to a plea agreement, Cory Dexter Fennell ("Fennell") was convicted of one count of conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. § 846. Fennell was sentenced to 97 months imprisonment. After the adoption of Amendment 706 (i.e., the crack cocaine amendment) to the Sentencing Guidelines, Fennell sought resentencing...

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