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U.S. v. SANDERS

No. 88-5052.

862 F.2d 79 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Grady Lee SANDERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

November 28, 1988.

Attorney(s) appearing for the Case

Michael W. Patrick (Haywood, Denny, Miller, Johnson, Sessoms & Patrick, Durham, N.C., on brief), for defendant-appellant.

John Warren Stone, Jr., Asst. U.S. Atty. (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., Becky M. Strickland, CLA Paralegal Specialist, on brief), for plaintiff-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and BOYLE, District Judge for the Eastern District of North Carolina, sitting by designation.

PHILLIPS, Circuit Judge:

Grady Lee Sanders challenges his jury conviction for forcible "rescue" of property seized by the IRS. Because we find that the trial court erred to Sanders' prejudice in refusing to admit into evidence a deposition from a key witness, we reverse.

I

Sanders was convicted in December 1987 for forcibly rescuing the previous July two of his possessions, a Cadillac car and the battery...

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