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U.S. v. MURRAY

Nos. 94-5500, 94-5627.

65 F.3d 1161 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William Wise MURRAY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Misjaanda Diszelle JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1995.

Attorney(s) appearing for the Case

ARGUED: Langdon Dwight Long, Assistant Federal Public Defender, Columbia, SC; James Paul Rogers, Columbia, SC, for appellants. David Jarlath Slattery, Assistant United States Attorney, Columbia, SC, for appellee. ON BRIEF: J. Preston Strom, Jr., United States Attorney, Columbia, SC, for appellee.

Before WIDENER and WILLIAMS, Circuit Judges, and HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Senior Judge HEANEY joined.

OPINION

WILLIAMS, Circuit Judge:

In this appeal we consider what constitutes an express threat of death during a robbery under the Sentencing Guidelines, U.S.S.G. § 2B3.1(b)(2)(F),1 and address several other trial and sentencing issues. A five count indictment charged William Wise Murray with the...

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