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U.S. v. SMITH

No. 94-5531.

94 F.3d 122 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David Elijah SMITH, a/k/a David Jones, a/k/a Michael Knight, a/k/a Jerry Lee Brown, a/k/a Miami Dave, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Wayne James Payne, Powell & Payne, Raleigh, North Carolina, for Appellant. Janice McKenzie Cole, United States Attorney, William Arthur Webb, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge HALL wrote the opinion, in which Judge RUSSELL and Judge WIDENER joined.

OPINION

K.K. HALL, Circuit Judge:

This case, like its companion, United States v. Hawthorne, 94 F.3d 118 (4th Cir. 1996), is before us on remand from the Supreme Court subsequent to its decision in Bailey v. United States, ___ U.S. ___...

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