United States v. Victor Morgan
Court of Appeals for the Fourth Circuit
1Opinion of the Court
OPINION
WILKINS, Circuit Judge:
Victor Morgan challenges his convictions of and sentence for conspiring to distribute cocaine base, 21 U.S.C.A. § 846 (West Supp.1991), and aiding and abetting distribution of cocaine base, 21 U.S.C.A. § 841(a) (West 1981). We find no merit to Morgan’s assignments of error as to his conviction. However, because the district court failed to make an adequate finding resolving a disputed fact upon which it necessarily relied in sentencing, we vacate Morgan’s sentence and remand.
I
Morgan was tried for conduct the government alleged occurred in the Mor-gantown, West…
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