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U.S. v. TURPIN

Nos. 94-5522, 94-5523.

65 F.3d 1207 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Denny TURPIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jonathan SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1995.

Attorney(s) appearing for the Case

ARGUED: William Randall Light, Law Office of Killis T. Howard, Lynchburg, VA, for appellant Turpin; William George Wentz, Bedford, VA, for appellant Smith. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, VA, for appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Karen B. Peters, Assistant United States Attorney, Roanoke, VA, for appellee.

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge WIDENER joined. Judge MOTZ wrote a separate dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

On February 18, 1993, Denny Turpin and Jonathan Smith cut down and stole copper communication wire used by a railroad on which military materials were shipped. They were convicted for violation of and conspiracy to violate 18 U.S.C. § 1362, which prohibits willful...

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