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U.S. v. BARBER

Nos. 95-5238, 95-5250.

93 F.3d 1200 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony D. BARBER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David L. HODGE, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1996.

Rehearing Granted; Opinion Vacated October 10, 1996.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellants. John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: William Lee Davis, III, Lumberton, North Carolina, for Appellant Hodge. Janice McKenzie Cole, United States Attorney, Paul S. Wilson, Special Assistant United States Attorney, Office of the Staff Judge Advocate, Fort Bragg, North Carolina, for Appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing En Banc Granted; Opinion Vacated October 10, 1996.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WIDENER and Judge MURNAGHAN joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Appellants Anthony Barber and David Hodge stand convicted of second-degree murder on the basis of pleas of guilty in the district court. As part of their plea agreements, the government agreed to dismiss additional...

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