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U.S. v. MADDEN

Nos. 93-5472, 93-5606.

38 F.3d 747 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Toy Burton MADDEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Toy Burton MADDEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1994.

Attorney(s) appearing for the Case

ARGUED: Andrew Lee, III, Silver Springs, MD, for appellant. Joyce Kallam McDonald, Asst. U.S. Atty., Baltimore, MD, for appellee. ON BRIEF: Lynne A. Battaglia, U.S. Atty., Baltimore, MD, for appellee.

Before ERVIN, Chief Judge, WILKINS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Chief Judge ERVIN wrote the majority opinion, in which Senior Judge BUTZNER joined. Judge WILKINS wrote a dissenting opinion.

OPINION

ERVIN, Chief Judge:

Toy Madden was indicted on four counts of bank robbery in violation of 18 U.S.C. § 2113(a). The counts were severed for trial, and Madden was convicted on Count I of the indictment, after which the government dismissed the remaining counts. Madden...

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