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U.S. v. HAMLIN

Nos. 02-4252, 02-4264.

319 F.3d 666 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Dion R. HAMLIN, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Dion R. Hamlin, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 2003.

Attorney(s) appearing for the Case

ARGUED: Vincent L. Gambale, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. John Bertram Mann, Levit, Mann & Halligan, Richmond, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Laura C. Marshall, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant.

Before NIEMEYER and WILLIAMS, Circuit Judges, and HENRY M. HERLONG, JR., United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part, vacated in part, reversed in part, and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge HERLONG joined.

OPINION

WILLIAMS, Circuit Judge.

The Government appeals from the district court's dismissal of Dion Hamlin's conviction under 18 U.S.C.A. § 924(c) (West 2000) for lack of a felony predicate drug offense. The Government argues that the district court erred...

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