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U.S. v. PICHE

Nos. 91-5692, 91-5705.

981 F.2d 706 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Lloyd Ray PICHE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Lloyd Ray PICHE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Mary Elizabeth Manton, Federal Public Defender, Raleigh, NC, argued for defendant-appellant.

Leslie A. Simon, U.S. Dept. of Justice, Washington, DC, argued (John R. Dunne, Asst. Atty. Gen., David O. Simon, Acting Deputy Asst. Atty. Gen., Dennis J. Dimsey, U.S. Dept. of Justice, on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, WILLIAMS, Senior United States District Judge for the Western District of Virginia, sitting by designation, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Lloyd Ray Piche (Lloyd) and his brother Robert Piche (Robert) harassed a group of seven Asian-American men at a Raleigh, North Carolina bar. Robert, with Lloyd's participation, killed one of the men, Ming Hai "Jim" Loo, by hitting him in the head with a pistol. Robert was convicted in state court of second degree murder and assault with a deadly weapon and sentenced to 37 years' imprisonment. Lloyd was convicted of misdemeanor...

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