U.S. v. SMITH

No. 93-5426.

47 F.3d 681 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Herbert SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1995.


Attorney(s) appearing for the Case

ARGUED: Denise Charlotte Barrett, Asst. Federal Public Defender, Baltimore, MD, for appellant. Christopher Bowmar Mead, Asst. U.S. Atty., Baltimore, MD, for appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Baltimore, MD, for appellant. Lynne A. Battaglia, U.S. Atty., Raymond A. Bonner, Asst. U.S. Atty., Baltimore, MD, for appellee.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and SPROUSE, Senior Circuit Judge.


Vacated and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Senior Judge SPROUSE joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

ERVIN, Chief Judge:

On September 24, 1992, a federal grand jury indicted Dr. Charles Smith on six counts of mail and wire fraud stemming from his nine year campaign to solicit investments from numerous friends and acquaintances for fraudulent...

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