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U.S. v. POWELL

No. 11-6152.

691 F.3d 554 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Troy Naman POWELL, a/k/a Troy Norman Powell, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr. , Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON joined. Judge KING wrote an opinion dissenting in part and concurring in the judgment in part.

OPINION

NIEMEYER, Circuit Judge:

In 2004, Troy Powell was convicted of conspiracy to possess with intent to distribute at least 5 kilograms of cocaine and at least 50 grams of crack cocaine, in violation of 21 U.S.C. § 846, and he was sentenced to 240 months' imprisonment. The sentence imposed was an enhanced mandatory minimum sentence based on Powell's prior North Carolina drug conviction. The maximum sentence that could have been imposed for the violation...

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