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U.S. v. ELLERBY

No. 11-5097.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHRISTOPHER ELLERBY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 2012.

Attorney(s) appearing for the Case

Mark A. Jones , BELL, DAVIS & PITT, PA, Winston-Salem, North Carolina, for Appellant.

Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Kristine L. Fritz , Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Appellant Christopher Ellerby appeals his convictions for drug and firearm-related offenses and 140-month sentence. Ellerby contends that the Government did not have a legitimate reason to require that he withdraw his objections to the presentence report ("PSR") in exchange for it asking for a downward departure pursuant to U.S.S.G. § 5K1.1. Ellerby further contends...

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