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U.S. v. TOOTLE

No. 95-5076.

65 F.3d 381 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. John Wesley TOOTLE, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1995.

Attorney(s) appearing for the Case

ARGUED: John Samuel Bowler, Assistant United States Attorney, Raleigh, NC, for Appellant. George Alan DuBois, Assistant Federal Public Defender, Raleigh, NC, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Peter W. Kellen, Assistant United States Attorney, Raleigh, NC, for Appellant.

Before NIEMEYER, HAMILTON, and DIANA GRIBBON MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge NIEMEYER joined. Judge NIEMEYER also wrote a separate concurring opinion. Judge DIANA GRIBBON MOTZ wrote a separate opinion concurring in the judgment.

OPINION

HAMILTON, Circuit Judge:

The government appeals the district court's dismissal of a two-count indictment against John Tootle (Tootle) with prejudice for violation...

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