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U.S. v. MAXTON

Nos. 89-5701, 90-5775.

940 F.2d 103 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Theron Johnny MAXTON, Defendant-Appellant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1991.

Attorney(s) appearing for the Case

Paul Victor Jorgenson, Middletown, Md., John Frank Hardaway, Columbia, S.C., argued, for defendant-appellant.

David Jarlath Slattery, Asst. U.S. Atty., argued (E. Bart Daniel, U.S. Atty., on brief), Columbia, S.C., for plaintiff-appellee.

Before RUSSELL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and DUPREE, Senior District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

On August 8, 1989, Defendant Theron Johnny Maxton, an inmate in the South Carolina state correctional system, was convicted in the United States District Court for the District of South Carolina of violating 18 U.S.C. § 876 by sending a letter to federal Magistrate Charles Gambrell threatening to kill him. After this trial, during which Gambrell testified, Maxton wrote...

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