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U.S. v. FLORESCA

No. 92-5447.

38 F.3d 706 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose P. FLORESCA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1994.

Attorney(s) appearing for the Case

ARGUED: Hunt L. Charach, Fed. Public Defender, Charleston, WV, for appellant. Larry Robert Ellis, Asst. U.S. Atty., Charleston, WV, for appellee. ON BRIEF: Leonard Kaplan, Asst. Fed. Public Defender, Charleston, WV, for appellant. Michael W. Carey, U.S. Atty., Michael L. Keller, Asst. U.S. Atty., Jennifer L. Gerlach, Third-Year Law Student, Lori A. Simpson, Third-Year Law Student, West Virginia Univ. College of Law, Charleston, WV, for appellee.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, WILLIAMS, and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge, sitting en banc.

Reversed and remanded by published opinion. Judge HALL wrote the opinion of the Court, in which Chief Judge ERVIN, and Judges WIDENER, MURNAGHAN, HAMILTON and MICHAEL concurred. Judge WIDENER wrote a separate concurring opinion. Judge RUSSELL wrote a dissenting opinion in which Judges WILKINSON, WILKINS, NIEMEYER and WILLIAMS joined.

OPINION

K.K. HALL, Circuit Judge:

Following a jury trial, Jose Floresca was convicted of several offenses arising...

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