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UNITED STATES v. BARBER

No. 79-5278.

668 F.2d 778 (1982)

UNITED STATES of America, Appellee, v. J. Richard BARBER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1982.

Rehearing and Rehearing Denied March 19, 1982.

Attorney(s) appearing for the Case

Rebecca A. Baitty, Charleston, W.Va. (Rudolph L. Di Trapano, Di Trapano, Jackson & Buffa, L.C., Timothy N. Barber, Charleston, W.Va., on brief) for appellant.

Rebecca A. Betts, Asst. U.S. Atty., Charleston, W.Va. (Wayne A. Rich, Jr., U.S. Atty., Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va., on brief) for appellee.

Before BUTZNER and MURNAGHAN, Circuit Judges, and RAMSEY, District Judge.

Rehearing and Rehearing En Banc Denied March 19, 1982.

MURNAGHAN, Circuit Judge:

J. Richard Barber was, from 1969 on, an official of the West Virginia Alcoholic Beverage Control Commission ("ABCC") rising in April, 1973 to the top position of Commissioner, which he held until at least September, 1976. An indictment was returned against him on May 2, 1979. Barber was convicted of violating the Racketeer Influenced and Corrupt Organization ("RICO") statute,...

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