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U.S. v. ACKER

No. 94-5246.

52 F.3d 509 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Catherine Yvonne ACKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1995.

Attorney(s) appearing for the Case

ARGUED: Edward Anthony Fiorella, Jr., Harkey, Lambeth, Nystrom & Fiorella, Charlotte, NC, for appellant. William A. Brafford, Asst. U.S. Atty., Charlotte, NC, for appellee. ON BRIEF: Mark T. Calloway, U.S. Atty., Charlotte, NC, for appellee.

Before WIDENER and HALL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed and remanded for a new trial by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge WIDENER and Judge HALL joined.

OPINION

CHAPMAN, Senior Circuit Judge:

Catherine Yvonne Acker was tried by a jury and convicted of the August 18, 1992 armed robbery of a Charlotte Branch of the First Citizens Bank in violation of 18 U.S.C. §§ 2113(a) and (d), for knowingly and unlawfully using and carrying a firearm during the...

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