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U.S. v. McCALL

No. 18-4143.

934 F.3d 380 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Willie D. MCCALL, a/k/a Derrick Armstead, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 12, 2019.

Attorney(s) appearing for the Case

ARGUED: Rachel Elizabeth Zimarowski , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Timothy Doyle Boggess , OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia, for Appellee. ON BRIEF: Christian M. Capece , Federal Public Defender, Jonathan D. Byrne , Research & Writing Specialist, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Michael B. Stuart , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

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

Willie D. McCall appeals his federal prison sentence for distributing 1.2 grams of methamphetamine. The Federal Sentencing Guidelines recommended a sentence of 30 to 37 months. But the sentencing court found the Guidelines range too low based on McCall's criminal history and a more elusive concern about the interstate...

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