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U.S. v. YOUNG

Nos. 08-4117, 08-4118.

609 F.3d 348 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Darnell Anthony YOUNG, a/k/a DJ Nelly Nell, a/k/a Nelly, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Darnell Anthony Young, a/k/a DJ Nelly Nell, a/k/a Nelly, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 2010.

Attorney(s) appearing for the Case

ARGUED: William A. Mitchell, Jr., Brennan, Sullivan & McKenna, LLP, Greenbelt, Maryland, for Appellant/Cross-Appellee. Tonya Kelly Kowitz, Office of the United States Attorney, Baltimore, Maryland, for Appellee/Cross-Appellant. ON BRIEF: Alexander Zeno, Washington, D.C., for Appellant/Cross-Appellee. Rod J. Rosenstein, United States Attorney, Jason M. Weinstein, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee/Cross-Appellant.

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

OPINION

TRAXLER, Chief Judge:

Darnell Young was convicted of drug-related charges and received a within-Guidelines sentence of 136 months' imprisonment. Young appeals his convictions and sentence, and the government cross-appeals the sentence imposed by the district court. We reject Young's challenges, but we agree with the government that the district court erred when it concluded that the drug-quantity determinations made by the jury prevented the court...

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