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U.S. v. JOHNSON

No. 94-5740.

71 F.3d 139 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William Calvin JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1995.

Attorney(s) appearing for the Case

ARGUED: David Scott Bracken, Greenberg, Bracken & Tran, Alexandria, Virginia, for Appellant. John Thomas Martin, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Gerard J. Sexton, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.

Reversed and remanded for a new trial by published opinion. Judge HAMILTON wrote the opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

William Calvin Johnson (Johnson) appeals his convictions for armed credit union robbery, see 18 U.S.C.A. § 2113(a), (d) (West Supp.1995) and § 2 (West 1969), and using a firearm...

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