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U.S. v. HAIRSTON

Nos. 92-5597, 92-5605, 92-5606 and 92-5631.

46 F.3d 361 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Turner HAIRSTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rodney Jerome SUMLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lee Faye McDonald MACK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Rodney Jerome SUMLER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

ARGUED: James Richard Glover, Glover & Petersen, P.A., Chapel Hill, NC, James Elliot Ferguson, II, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, for appellants. Douglas Cannon, Asst. U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: William E. Martin, Federal Public Defender, Gregory Davis, Asst. Federal Public Defender, Greensboro, NC, for appellant Mack. Walter C. Holton, Jr., U.S. Atty., Bryan E. Gates, Third Year Law Student, Donald Ross Hamilton, Third Year Law Student, Elizabeth Ann Hamilton, Third Year Law Student, Wake Forest School of Law, Winston-Salem, NC, for appellee.

Before ERVIN, Chief Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges.

Affirmed in part, reversed in part, vacated in part, and remanded in part by published opinion. Senior Judge BUTZNER wrote the opinion, in which Chief Judge ERVIN and Senior Judge PHILLIPS joined.

OPINION

BUTZNER, Senior Circuit Judge:

The principal issues are whether the evidence is sufficient to sustain the verdicts finding Patrick T. Hairston and Rodney J. Sumler guilty of extortion and whether the instruction pertaining to extortion under color...

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