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UNITED STATES v. JOHNSON

No. 21-4504.

119 F.4th 343 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin JOHNSON, a/k/a Apple Cake, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 16, 2024.

Attorney(s) appearing for the Case

ARGUED: Daniel Baker McIntyre, III, Charlotte, North Carolina, for Appellant. John Gibbons, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Joshua L. Rogers, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Benjamin wrote the opinion, in which Judge Gregory and Judge Richardson joined.

Alvin Johnson accepted a written plea agreement and pled guilty to possession with intent to distribute a quantity of cocaine, in violation of 21 U.S.C. § 841(a)(1). Johnson now appeals his 120-month sentence and argues that the Government breached the plea agreement by moving for a sentence above the...

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