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U.S. v. PINEDA

No. 13-4555.

770 F.3d 313 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus PINEDA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2014.

Attorney(s) appearing for the Case

ARGUED: Terry F. Rose , Smithfield, North Carolina, for Appellant. Phillip Anthony Rubin , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Yvonne V. Watford-McKinney , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WYNN and Judge FLOYD joined.

NIEMEYER, Circuit Judge:

Jesus Pineda was convicted on separate counts of distributing cocaine on January 25, 2012, in violation of 21 U.S.C. § 841(a)(1); distributing cocaine on February 8, 2012, again in violation of § 841(a)(1); possessing a firearm in furtherance of the January 25 drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A); and possessing a sawed-off shotgun on January 25, in violation of 26 U.S.C. §§ 5841, 5861(d...

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