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U.S. v. GARCIA-LAGUNAS

No. 14-4370.

835 F.3d 479 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro GARCIA-LAGUNAS, a/k/a Alex Fuentes, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 1, 2016.

Attorney(s) appearing for the Case

ARGUED: Paul K. Sun, Jr. , ELLIS & WINTERS, LLP, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF: Kelly Margolis Dagger , ELLIS & WINTERS, LLP, 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 in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Duncan joined. Senior Judge Davis wrote a dissenting opinion.

ON REHEARING

A jury convicted Alejandro "Alex" Garcia-Lagunas of conspiracy to distribute or possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a), 846. He was sentenced to 188 months' imprisonment. Garcia-Lagunas appealed and we affirmed his conviction, finding...

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