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UNITED STATES v. ROANE

No. 20-14, No. 20-16.

51 F.4th 541 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. James H. ROANE, Jr., a/k/a J.R., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Richard Tipton, a/k/a Whittey, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 18, 2022.

Attorney(s) appearing for the Case

ARGUED: Gerald Wesley King, Jr. , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina; Joanne Marie Heisey , FEDERAL COMMUNITY DEFENDER OFFICE, Philadelphia, Pennsylvania, for Appellants. Richard Daniel Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Jeffrey Lyn Ertel , FEDERAL DEFENDER PROGRAM, INC., Atlanta, Georgia; Stephen Northup , TROUTMAN SANDERS LLP, Richmond, Virginia; Frederick R. Gerson , DURRETTE, ARKEMA, GERSON & GILL PC, Richmond, Virginia, for Appellant Richard Tipton, III. Jessica D. Aber , United States Attorney, Joseph Attias , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Rushing and Senior Judge Floyd joined.

In this consolidated case, James Roane, Jr. and Richard Tipton appeal the district court's denial of their motion for a sentence reduction under the First Step Act, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018). They argue first that their convictions under 21 U.S.C. § 848(e)(1)(A) for drug-related murder...

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