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U.S. v. MARTINEZ

No. 96-6801.

139 F.3d 412 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Wilfredo Mario MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1998.

Attorney(s) appearing for the Case

ARGUED: James A. McLaughlin, College of Law, West Virginia University, Morgantown, WV, for Appellant. Michael R. Smythers, Assistant U.S. Attorney, Norfolk, VA, for Appellee.

ON BRIEF: Helen F. Fahey, U.S. Attorney, Norfolk, VA, for Appellee.

Before WILKINSON, Chief Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Senior Judge BUTZNER and Senior Judge MICHAEL joined.

OPINION

WILKINSON, Chief Judge:

After failing to appear for trial, Wilfredo Martinez was tried in absentia and convicted of engagement in a continuing criminal enterprise, 21 U.S.C. § 848, interstate travel with intent to facilitate cocaine distribution...

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