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UNITED STATES v. CORBITT

No. 81-5075.

675 F.2d 626 (1982)

UNITED STATES of America, Appellee, v. Reedo Eric CORBITT, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1982.

Attorney(s) appearing for the Case

John A. Keats, Alexandria, Va. (Carla J. Smith, Alexandria, Va., on brief), for appellant.

Nash W. Schott, Asst. U. S. Atty., Alexandria, Va. (Justin W. Williams, U. S. Atty., Alexandria, Va., on brief), for appellee.

Before BUTZNER, Circuit Judge, JOE M. INGRAHAM, Senior Circuit Judge, for the Fifth Circuit, sitting by designation, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

Reedo Eric Corbitt was charged in a two count indictment with interstate travel in aid of racketeering, a violation of 18 U.S.C. section 1952(a)(3), and possession of cocaine with intent to distribute, a violation of 21 U.S.C. section 841(a)(1). Three days after a hearing on the defendant's motion to suppress, the grand jury returned a superseding indictment that included a third count charging Corbitt with assault on a federal

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