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U.S. v. WEDDLE

Nos. 93-5691, 93-5739.

30 F.3d 532 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony R. WEDDLE, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Anthony R. WEDDLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1994.

As Corrected August 17, 1994.

Attorney(s) appearing for the Case

ARGUED: John Alexander Gephart, Asst. U.S. Atty., Baltimore, MD, for appellant. Brian Joseph Murphy, Baltimore, MD, for appellee.

ON BRIEF: Lynne A. Battaglia, U.S. Atty., Baltimore, MD, for appellant.

Before MURNAGHAN, Circuit Judge, SPROUSE, Senior Circuit Judge, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Circuit Judge MURNAGHAN wrote the opinion, in which Senior Circuit Judge SPROUSE joined. Judge RESTANI wrote a separate concurring opinion.

OPINION

MURNAGHAN, Circuit Judge:

Defendant, Anthony R. Weddle, pled guilty to an assault charge in a Maryland state court. While on probation pending judgment, Weddle again threatened the person assaulted, his wife's lover. Weddle pled guilty...

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