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U.S. v. ALSTON

No. 11-5204.

722 F.3d 603 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis ALSTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2013.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Joshua L. Rogers , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Senior Judge HAMILTON joined.

AGEE, Circuit Judge:

The United States District Court for the Eastern District of North Carolina originally sentenced Lewis Alston ("Alston") to 150 months' imprisonment, but that sentence was vacated on appeal and remanded for resentencing. See United States v. Alston (Alston I), 447 Fed.Appx. 498, 500 (4th Cir.2011). On remand, the district court sentenced Alston to an above-Guidelines sentence of 120 months' imprisonment...

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