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U.S. v. LOWRY

No. 11-2503.

UNITED STATES OF AMERICA, v. MICHAEL LOWRY, Appellant.

United States Court of Appeals, Third Circuit.

Filed: May 10, 2012.

Attorney(s) appearing for the Case

RENEE PIETROPAOLO, ESQUIRE (ARGUED), Office of Federal Public Defender, 1500 Liberty Center, 1001 Liberty Avenue, Pittsburgh, Pennsylvania 15222, Attorney for Appellant.

LAURA S. IRWIN, ESQUIRE (ARGUED), REBECCA R. HAYWOOD, ESQUIRE , Office of the United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, Pennsylvania 15219, Attorneys for Appellee.

Before: SCIRICA, AMBRO and NYGAARD, Circuit Judges.

NOT PRECEDENTIAL

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Michael Lowry pleaded guilty to possession with intent to distribute heroin, 21 U.S.C. § 841(a)(1), (b)(1)(C). He was sentenced to 120 months' imprisonment, which he appeals. We will vacate and remand for resentencing.

I.

After an attempted drug sale to a police informant, Lowry was indicted for possession with intent to distribute less than 100 grams of heroin...

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