No. 19-4331, No. 19-4338.

996 F.3d 200 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Kelvin JOHNSON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Sykebia Stewart, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2021.

Attorney(s) appearing for the Case

ARGUED: Aaron David Moss , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia; Edward Ryan Kennedy , ROBINSON & MCELWEE, PLLC, Clarksburg, West Virginia, for Appellants. Timothy David Helman , OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West Virginia, for Appellee. ON BRIEF: Kristen M. Leddy , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellants. William J. Powell , United States Attorney, Wheeling, West Virginia, Traci M. Cook , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Chief Judge Gregory and Judge Diaz joined.

Following a jury trial in June 2018 in the Northern District of West Virginia, defendants Kelvin Johnson and Sykebia Stewart were convicted of distributing heroin that, when used, resulted in the death of 18-year-old Jorge Armando Mercado-Medrano. Johnson was also convicted of a second offense, for distributing heroin to 22...

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