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U.S. v. HICKMAN

No. 08-4764.

626 F.3d 756 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Anthony HICKMAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Francis Albert Pommett, III , Baltimore, Maryland, for Appellant. Benjamin M. Block , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Bryan M. Giblin , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge DAVIS wrote the opinion, in which Chief Judge TRAXLER and Judge KEENAN joined.

OPINION

DAVIS, Circuit Judge:

Appellant Kevin Hickman was charged in two of the 11 counts in a superseding indictment, namely (1) conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin (Count I) and (2) possession of heroin with intent to distribute (Count VI), in violation of 21 U.S.C. §§ 846 and 841(a)(1). Alone among the eight defendants, Hickman proceeded...

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