United States v. Donald Reece Brock
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded for resentencing by published opinion. Judge WILKINS wrote the opinion, in which Judge RUSSELL and Judge HERLONG joined.
OPINION
WILKINS, Chief Judge.
Donald Reece Brock appeals the sentence imposed by the district court following his plea of guilty to two counts of credit card fraud, see 18 U.S.C.A. § 1029(a)(2) (West Supp.1996), maintaining that the district court erred in refusing to depart downward based upon his post-offense rehabilitation efforts. Because the district court believed that it lacked the authority to depart, and because extraordinary or exceptional…
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