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U.S. v. WHITTINGTON

Nos. 92-5693 to 92-5696, and 93-5066.

26 F.3d 456 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jim WHITTINGTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel ATWOOD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Claudette COLLIER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Riley FERGUSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Barbara June STEVENS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1994.

Attorney(s) appearing for the Case

ARGUED: Trawick Hamilton Stubbs, Jr., New Bern, NC, Mark H. Rubenstein, Pittsburgh, PA, Edwin Chrisco Walker, Office of the Public Defender, Raleigh, NC, Edward Keen Lassiter, Greenville, NC, Charles Christopher Henderson, Trenton, NC, for appellants. William Dial Delahoyde, Asst. U.S. Attorney/Deputy Chief, Crim. Div., Raleigh, NC, for appellee. ON BRIEF: James M. Ayers, II, New Bern, NC, Samuel T. Currin, Raleigh, NC, for appellants. James R. Dedrick, U.S. Atty., Raleigh, NC, for appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Affirmed in part and reversed and remanded in part by published opinion. Judge RUSSELL wrote the opinion, in which Judge HALL joined. Judge WIDENER wrote an opinion concurring in part and dissenting in part.

OPINION

DONALD RUSSELL, Circuit Judge:

A jury convicted appellants James Whittington ("Whittington"), Daniel Atwood ("Atwood"), Claudette Collier ("Collier"), Riley Ferguson ("Ferguson"), and Barbara Stevens ("Stevens") on charges that they defrauded...

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