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U.S. v. SLADE

No. 08-4932.

631 F.3d 185 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Myell SLADE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2011.

Attorney(s) appearing for the Case

ARGUED: Richard Clarke Speaks , Speaks Law Firm, PC, Wilmington, North Carolina, for Appellant. Joshua Bryan Royster, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, Anne M. Hayes , Jennifer P. May-Parker , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

OPINION

GREGORY, Circuit Judge:

This case deals with the propriety of imposing a leadership sentencing enhancement where the defendant was a mid-level drug dealer who did not supervise others. In June of 2008, Kevin Myell Slade pled guilty without a plea agreement to one count of conspiracy to distribute and to possess with intent to distribute fifty grams or more of cocaine base and five kilograms or more of cocaine in violation 21 U.S.C. § 846 (2006...

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