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U.S. v. DUNNIGAN

No. 90-5668.

950 F.2d 149 (1991)

UNITED STATES of America, Plaintiff Appellee, v. Sharon DUNNIGAN, Defendant Appellant.

United States Court of Appeals, Fourth Circuit.

Dissenting Opinion of Circuit Judge Wilkins November 27, 1991.

Attorney(s) appearing for the Case

Brent E. Beveridge, Morgantown, W.Va., argued for defendant-appellant.

Michael M. Fisher, Asst. U.S. Atty., argued (Michael W. Carey, U.S. Atty., Hunter P. Smith, Asst. U.S. Atty., on brief), Charleston, W.Va., for plaintiff-appellee.

In Banc.

Prior Report: 944 F.2d 178.

CORRECTED ORDER

The appellee filed a petition for rehearing with suggestion for rehearing in banc. A member of the Court requested a poll on the suggestion for rehearing in banc. The poll failed by an evenly-divided vote. Circuit Judges Widener, Wilkinson, Wilkins, Niemeyer, Hamilton, and Luttig voted to rehear the case in banc, and Circuit Judges Ervin, Russell, Phillips, Murnaghan, Sprouse,...

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