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UNITED STATES v. NEALY

No. 83-5045.

729 F.2d 961 (1984)

UNITED STATES of America, Appellee, v. W. Garland NEALY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1984.

Attorney(s) appearing for the Case

Robert G. Cabell, Jr., Richmond, Va., for appellant.

Mary S. Feinberg, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Wayne A. Rich, Jr., Asst. U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before WINTER, Chief Judge, and RUSSELL and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

W. Garland Nealy, the defendant below, was convicted after a jury trial in the United States District Court for the Southern District of West Virginia on all counts of an eleven count indictment. He was sentenced to serve five years in prison and pay a $10,000 fine.

Count one charged that the defendants1 conspired to aid and assist the preparation and presentation...

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