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U.S. v. CONCHA

No. 15-4760.

861 F.3d 116 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Ulisses CONCHA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2017.

Attorney(s) appearing for the Case

ARGUED: Milton Bays Shoaf, Jr. , Salisbury, North Carolina, for Appellant. Randall Stuart Galyon , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Ripley Rand , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Traxler wrote the opinion, in which Judge Floyd and Judge Harris joined.

Pursuant to a plea agreement, Mark Ulisses Concha pleaded guilty to conspiracy to distribute at least five kilos of cocaine. The district court sentenced Concha to 210 months' imprisonment, which the court then reduced to 126 months after granting the government's motion for a downward departure under U.S.S.G. § 5K1...

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