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U.S. v. BELL

Nos. 10-4644, 10-4651.

667 F.3d 431 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Nancy BELL, a/k/a Nancy Hartsock, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Iris Gibson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Brian Jackson Beck , Office of the Federal Public Defender, Abingdon, Virginia; Michael Allen Bragg , Abingdon, Virginia, for Appellants. Zachary T. Lee , Office of the United States Attorney, Abingdon, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Roanoke, Virginia, for Appellant Nancy Bell. Timothy J. Heaphy , United States Attorney, Roanoke, Virginia, Jennifer R. Bockhorst , Assistant United States Attorney, Office of the United States Attorney, Abingdon, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge FLOYD and Senior Judge HAMILTON joined except as to footnote 8. Senior Judge HAMILTON wrote an opinion concurring in part and concurring in the judgment, in which Judge FLOYD joined.

OPINION

DAVIS, Circuit Judge:

Appellants Nancy Bell and Iris Gibson (Bell's daughter) pled guilty without a plea agreement to several counts arising out of a conspiracy to distribute oxycodone pills. On appeal, they challenge the drug quantities from which the district court calculated their base offense levels under the Sentencing Guidelines, primarily because (1) Bell obtained the pills with a valid prescription and consumed some of the pills herself,...

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