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U.S. v. ReBROOK

No. 94-5125.

58 F.3d 961 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William Edward ReBROOK, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1995.

Attorney(s) appearing for the Case

ARGUED: Arthur Thomas Ciccarello, Sr., Ciccarello, Del Guidice & Lafon, Charleston, WV, for appellant.

Hunter P. Smith, Jr., Asst. U.S. Atty., Charleston, WV, for appellee.

ON BRIEF: George A. Daugherty, Elkview, WV, for appellant.

Rebecca A. Betts, U.S. Atty., Larry R. Ellis, Asst. U.S. Atty., Charleston, WV, for appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Senior Judge MacKENZIE joined.

OPINION

WILLIAMS, Circuit Judge:

William Edward ReBrook, III, appeals his convictions and sentence for wire fraud, 18 U.S.C. §§ 1343, 1346, and securities fraud, 15 U.S.C. §§ 78ff, 78j(b). ReBrook presents four issues on appeal. First, he argues that both of the counts as charged...

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