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UNITED STATES v. SMITH

Nos. 85-5532, 85-5538.

792 F.2d 441 (1986)

UNITED STATES of America, Appellee, v. Robert Preston SMITH, Appellant. UNITED STATES of America, Appellee, v. Robert Jackson EURY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Lawrence W. Hewitt (Berry, Hogewood, Edwards & Freeman, P.A., Charlotte, N.C., on brief), for appellant Robert Preston Smith. E. Fitzgerald Parnell (Weinstein, Sturges, Odom, Groves, Bigger, Jonas & Campbell, P.A., Charlotte, N.C., on brief), for appellant Robert Jackson Eury.

Kenneth P. Andresen, Chief Asst. U.S. Atty., Charlotte, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C., on brief), for appellee.

Before RUSSELL and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Robert Eury appeals a judgment convicting him of conspiring to burn the Scorpio Lounge in Charlotte, North Carolina, and aiding and abetting Robert Smith in burning the lounge. Smith appeals a judgment convicting him of the same conspiracy and of burning the lounge. The judgments rest on violations of 18 U.S.C. §§ 844(i), 371, and 2. We affirm.

I

Danny Clontz, a codefendant who had been separately tried and...

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