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U.S. v. MORGAN

No. 90-5701.

942 F.2d 243 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Victor MORGAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1991.

Attorney(s) appearing for the Case

J. Michael Benninger, Wilson, Frame & Metheney, Morgantown, W.Va., for defendant-appellant.

Sam G. Nazzaro, Office of the U.S. Atty., argued, Wheeling, W.Va. (William A. Kolibash, U.S. Atty., Sherry L. Muncy, Asst. U.S. Atty., Elkins, W.Va., on brief), for plaintiff-appellee.

Before WILKINSON and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

WILKINS, Circuit Judge:

Victor Morgan challenges his convictions of and sentence for conspiring to distribute cocaine base, 21 U.S.C.A. § 846 (West Supp.1991), and aiding and abetting distribution of cocaine base, 21 U.S.C.A. § 841(a) (West 1981). We find no merit to Morgan's assignments of error as to his conviction. However, because the district court failed to make an adequate finding resolving a disputed fact upon which it necessarily...

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