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U.S. v. MIKALAJUNAS

Nos. 98-4002, 98-4003 and 98-4031.

186 F.3d 490 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Michael J. MIKALAJUNAS, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Craig E. Largent, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Michael J. Mikalajunas, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 21, 1999.

Attorney(s) appearing for the Case

ARGUED: Joseph Lee Evans, Assistant United States Attorney, Baltimore, Maryland, for Appellant. Michael Daniel Montemarano, Michael D. Montemarano, P.A., Baltimore, Maryland, for Appellee Mikalajunas; Brian Joseph Murphy, Baltimore, Maryland, for Appellee Largent. ON BRIEF: Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellant.

Before MURNAGHAN, WILKINS, and NIEMEYER, Circuit Judges.

Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Judge NIEMEYER joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILKINS, Circuit Judge:

The United States appeals a decision of the district court granting relief to Michael J. Mikalajunas and Craig E. Largent (collectively, "Appellees") pursuant to 28 U.S.C.A. § 2255 (West Supp.1999) in the form of reductions...

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