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U.S. v. HAMRICK

No. 92-5107.

43 F.3d 877 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Curtis HAMRICK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1995.

Attorney(s) appearing for the Case

ARGUED: John J. Pizzuti, Camilletti, Sacco & Pizzuti, Wheeling, WV, for appellant. David Jonathan Horne, Sp. Asst. U.S. Atty., Wheeling, WV, for appellee. ON BRIEF: William D. Wilmoth, U.S. Atty., Wheeling, WV, for appellee.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges, and BUTZNER and PHILLIPS, Senior Circuit Judges.

Affirmed by published opinion. Judge LUTTIG announced the judgment of the court and wrote an opinion, in which Judges RUSSELL, WIDENER, WILKINSON, WILKINS, NIEMEYER, and WILLIAMS joined. Judge LUTTIG wrote a concurring opinion. Judge HAMILTON wrote an opinion concurring in the judgment. Chief Judge ERVIN wrote a dissent, in which Judges HALL, MURNAGHAN, and MICHAEL, and Senior Judges BUTZNER and PHILLIPS joined.

OPINION

LUTTIG, Circuit Judge:

We...

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