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U.S. v. HARRIS

No. 93-5671.

27 F.3d 111 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy L. HARRIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1994.

Attorney(s) appearing for the Case

ARGUED: Randolph Brian Monchick, Asst. Federal Public Defender, Raleigh, NC, for appellant. Paul Arthur Raaf, Judge Advocate General's Corps, Fort Bragg, NC, for appellee.

ON BRIEF: James R. Dedrick, U.S. Atty., Tracy D. Knox, Sp. Asst. U.S. Atty., Fort Bragg, NC, for appellee.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge RUSSELL and District Judge DOUMAR joined.

OPINION

BUTZNER, Senior Circuit Judge:

Timothy Harris appeals his conviction and sentence for driving while impaired by alcohol. He contends that the magistrate judge committed prejudicial error by submitting the criminal information to the jury without appropriate clarifying instructions in response to a question...

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