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U.S. v. BURGOS

Nos. 93-5899, 93-5919.

94 F.3d 849 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Kahled BURGOS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alexio Burnard GOBERN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1996.

Attorney(s) appearing for the Case

ARGUED: Thomas Norman Cochran, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant Burgos; Joseph R. Giaramita, Jr., Brooklyn, New York, for Appellant Gobern. Michael Francis Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Todd M. Peebles, Peebles & Schramm, Winston-Salem, North Carolina, for Appellant Gobern. Walter C. Holton, United States Attorney, Greensboro, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed in part and dismissed in part by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, WILKINS, NIEMEYER, HAMILTON, and LUTTIG joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part, in which Judges HALL, MURNAGHAN, ERVIN, and MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

In these consolidated appeals, Frank Burgos and Alexio Gobern appeal their...

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