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U.S. v. CARTER

No. 09-4451.

601 F.3d 252 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Wayne CARTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2010.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Monica Lynn Dillon, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, Christian M. Capece, Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge HARWELL wrote the opinion, in which Judge WILKINSON and Judge AGEE joined.

OPINION

HARWELL, District Judge:

This case presents the question of whether a defendant's sentence may be enhanced under U.S.S.G. § 3C1.2 for reckless endangerment during flight when the defendant enters the residence of another person without that other person's permission. Defendant, Billy Wayne Carter, appeals his forty-six month sentence resulting from his guilty plea to possession with intent to distribute cocaine base, in violation of 21 U.S.C...

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