U.S. v. DARBY

No. 93-5551.

37 F.3d 1059 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James Peter DARBY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1994.


Attorney(s) appearing for the Case

ARGUED: J. Matthew Martin, Harry C. Martin, Sr., Martin & Martin, P.A., Hillsborough, NC, for appellant. Douglas Cannon, Asst. U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: Benjamin H. White, Jr., U.S. Atty., Greensboro, NC, for appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed by published opinion. Judge JOSEPH F. ANDERSON, Jr., wrote the opinion, in which Judge LUTTIG and Judge WILLIAMS joined.

OPINION

JOSEPH F. ANDERSON, Jr., District Judge:

James Peter Darby was convicted on March 31, 1993 after a jury trial in the Middle District of North Carolina for transmitting a threatening communication in interstate commerce in violation of 18 U.S.C. § 875(c). The district judge sentenced Darby on June 22, 1993...

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