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U.S. v. TORRES

No. 92-5246.

65 F.3d 1241 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Madelyn TORRES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1995.

Rehearing Granted; Opinion Vacated November 13, 1995.

Attorney(s) appearing for the Case

ARGUED: John Randolph Riley, Raleigh, NC, for appellant. David Bernard Smith, Assistant United States Attorney, Greensboro, NC, for appellee. ON BRIEF: Robert H. Edmunds, Jr., United States Attorney, Lisa B. Boggs, Assistant United States Attorney, Greensboro, NC, for appellee.

Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing In Banc Granted; Opinion Vacated November 13, 1995.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the majority opinion, in which Judge HALL joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

PHILLIPS, Senior Circuit Judge:

Madelyn Torres was convicted by a jury of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1). On this appeal, she challenges only the...

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