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U.S. v. MILLER

No. 94-5951.

77 F.3d 71 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. James Barnett MILLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1996.

Attorney(s) appearing for the Case

ARGUED: Gregory Davis, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: William E. Martin, Federal Public Defender, Greensboro, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and WIDENER and HAMILTON, Circuit Judge.

Affirmed in part, vacated in part, and remanded for resentencing by published opinion. Judge HAMILTON wrote the opinion, in which Chief Judge WILKINSON Joined. Judge WIDENER wrote a separate concurring and dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

James Barnett Miller (Miller) appeals his sentence following his plea of guilty to passing and uttering a counterfeit fifty-dollar federal reserve note, see 18 U.S.C.A. § 472 (West...

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