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U.S. v. JONES

No. 92-5823.

31 F.3d 1304 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Ervin Charles JONES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

ARGUED: Marilyn Gerk Ozer, Winston & Massengale, Chapel Hill, NC, for appellant. Robert Holt Edmunds, Jr., U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: Barry T. Winston, Winston & Massengale, Chapel Hill, NC, for appellant.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge FABER wrote the majority opinion, in which Judge HALL joined. Chief Judge ERVIN wrote a concurring and dissenting opinion.

OPINION

FABER, District Judge:

Ervin Charles Jones pleaded guilty to a single count of knowingly purloining an article of registered United States Mail in violation of 18 U.S.C. § 641, and was sentenced to eleven months' imprisonment and three

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