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U.S. v. STEWART

Nos. 98-4155, 98-4177, 98-4192.

256 F.3d 231 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Winfred STEWART, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dennever Livingston, a/k/a Fatta, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Junior Anthony Simms, a/k/a Glandan Steve Lynch, a/k/a Steve Brown, a/k/a Leroy Sims, a/k/a Eric Brooks, a/k/a "Tallest," a/k/a "Sammo," a/k/a Mike Smith, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2001.

Attorney(s) appearing for the Case

ARGUED: Samuel Warrenton Meekins, Jr., WOLCOTT, RIVERS, WHEARY, BASNIGHT & KELLY, P.C., Virginia Beach, Virginia, for Appellant Livingston; Christopher Ford Cowan, COWAN, NORTH & LAFRATTA, L.L.P., Richmond, Virginia, for Appellant Stewart; Charles Russell Burke, Virginia Beach, Virginia, for Appellant Simms. Fernando Groene, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

ON BRIEF: David M. Bastiaans, WOLCOTT, RIVERS, WHEARY, BASNIGHT & KELLY, P.C., Virginia Beach, Virginia, for Appellant, Livingston. Helen F. Fahey, United States Attorney, Sharilyn Yountz, Third Year Law Student, Norfolk, Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

In these consolidated appeals, Roger Winfred Stewart, Dennever Livingston, and Junior Anthony Simms (collectively, "Appellants"), raise numerous challenges to their convictions and sentences following a federal jury trial in which each was found guilty...

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