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SHERMAN v. SMITH

No. 94-6831.

89 F.3d 1134 (1996)

Timothy Scott SHERMAN, Petitioner-Appellant, v. William L. SMITH, Warden, Maryland House of Correction-Annex; John Joseph Curran, Attorney General for the State of Maryland, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1996.

Attorney(s) appearing for the Case

ARGUED: Andrew Lewis Frey, Mayer, Brown & Platt, Washington, DC, for Appellant. Ann Norman Bosse, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellees. ON BRIEF: Roy T. Englert, Jr., James G. Duncan, Mayer, Brown & Platt, Washington, DC; Stuart J. Robinson, Bel Air, Maryland, for Appellant. J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellees.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges ERVIN and MICHAEL joined. Judge MOTZ wrote a concurring and dissenting opinion.

OPINION

WILKINSON, Chief Judge:

We granted en banc review in this case to consider whether the district court properly denied Timothy...

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