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SANDERSON v. RICE

Nos. 84-6557(L), 84-6575, 84-6730 and 84-6731.

777 F.2d 902 (1985)

Virgil Mayo SANDERSON, Sr., Appellant, v. Nathan RICE; Rufus Edmisten, Attorney General of N.C., Appellees (Three Cases). Virgil Mayo SANDERSON, Sr., Appellee, v. Nathan A. RICE, Rufus L. Edmisten, Attorney General, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 15, 1985.

Attorney(s) appearing for the Case

Richard N. League, Sp. Deputy Atty. Gen.(Lacy H. Thornburg, Atty. Gen., Dept. of Justice, Raleigh, N.C., on brief), for Nathan A. Rice and Rufus L. Edmisten.

Robert P. Mosteller, Professor, Duke Law School, Washington, D.C. (Mark O. Costley, Marshall D. Orson, William W. Horton, L. Campbell Tucker, third year law students on brief), for Virgil Mayo Sanderson, Sr.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

The result of several interrelated petitions for a writ of habeas corpus filed by Virgil Mayo Sanderson in the United States District Court for the Eastern District of North Carolina fails fully to satisfy either him or the State of North Carolina. A holding of double jeopardy with respect to two counts on which Sanderson had been convicted, one for trafficking in marijuana by possession and the other for trafficking in marijuana by...

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