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U.S. v. SHEALEY

No. 09-4653.

641 F.3d 627 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Stanton SHEALEY, a/k/a Face, a/k/a Diddy, a/k/a Face Diddy, a/k/a The City, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Brandt , Robinson & Brandt, PSC, Covington, Kentucky, for Appellant. Michael Gordon James , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, Jennifer P. May-Parker , Michael G. James , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

GREGORY, Circuit Judge:

Appellant challenges his drug convictions for violations of the Speedy Trial Act and of the Fifth and Sixth Amendments as well as sentencing errors. We affirm because we find that the district court properly granted a continuance, rightly denied Appellant's motion to sever, and properly calculated his sentence.

I.

On September 24, 2008, a grand jury indicted Donald Shealey, Appellant, and seven other co-defendants...

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