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U.S. v. NALE

No. 95-5673.

101 F.3d 1000 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Scott NALE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1996.

Attorney(s) appearing for the Case

ARGUED: William Carroll Gallagher, Cassidy, Myers, Cogan, Voegelin & Tennant, L.C., Wheeling, WV, for Defendant-Appellant. Thomas Oliver Mucklow, Office of the United States Attorney, Wheeling, WV, for Plaintiff-Appellee. ON BRIEF: William D. Wilmoth, United States Attorney, Paul T. Camilletti, Assistant United States Attorney, Wheeling, WV, for Plaintiff-Appellee.

Before MURNAGHAN, Circuit Judge, SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge SMITH and Senior Judge MICHAEL joined.

OPINION

MURNAGHAN, Circuit Judge:

A Grand Jury returned a four count indictment against Scott Nale for 1) carjacking, in violation of 18 U.S.C. § 2119; 2) using and carrying a firearm in connection with the carjacking offense in violation of 18 U.S.C. § 924(c)(1); 3) being a felon in possession of a firearm, in violation...

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