United States v. Herder
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed in part, vacated in part, and remanded by published opinion. Judge DAVIS wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a separate opinion concurring in part and dissenting in part.
OPINION
DAVIS, Circuit Judge:
Kinsey Cory Herder (“Herder”) appeals his conviction and sentence following a jury trial on one count of possession with the intent to distribute five grams or more of crack cocaine and one count of possession with the intent to distribute marijuana, both in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Herder to 41 months’…
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