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U.S. v. DUCTAN

No. 14-4220.

800 F.3d 642 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip DUCTAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 2, 2015.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Ross Richardson , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Erin E. Comerford , Special Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published PER CURIAM opinion. Judge DIAZ wrote a separate concurring opinion.

Phillip Ductan appeals his convictions for conspiracy to possess with intent to distribute marijuana, possession with intent to distribute marijuana (and aiding and abetting the same), and carrying a firearm during and in relation to those drug trafficking crimes, in violation of 21 U.S.C. §§ 841 and 846, 18 U.S.C. § 2, and 18...

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