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U.S. v. WINESTOCK

No. 02-6304

340 F.3d 200 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Paul WINESTOCK, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2003.

Attorney(s) appearing for the Case

ARGUED: Neal Lawrence Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.

Barbara Suzanne Skalla, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

ON BRIEF: Thomas M. DiBiagio, United States Attorney, Greenbelt, Maryland, for Appellee.

Before WILKINS, Chief Judge, and LUTTIG and GREGORY, Circuit Judges.

Vacated and remanded and authorization denied by published opinion. Chief Judge Wilkins wrote the opinion, in which Judge Luttig and Judge Gregory joined.

OPINION

WILKINS, Chief Judge:

Paul Winestock, Jr. appeals a district court order denying his motion for reconsideration of the denial of post conviction relief. Having previously granted a certificate of appealability, see 28 U.S.C.A. § 2253(c) (West Supp.2002), we now hold that Winestock...

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