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U.S. v. CHEEK

No. 95-6297.

94 F.3d 136 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Garvey Martin CHEEK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1996.

Attorney(s) appearing for the Case

ARGUED: Thomas Kieran Maher, Rudolf & Maher, P.A., Chapel Hill, North Carolina, for Appellant. Kenneth Davis Bell, Acting United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: David S. Rudolf, Rudolf & Maher, P.A., Chapel Hill, North Carolina, for Appellant.

Before HALL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge HALL and Judge MOTZ joined.

OPINION

BUTZNER, Senior Circuit Judge:

Garvey Martin Cheek appeals from the district court's denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2255. The district court's opinion is reported as Cheek v. United States, 873 F.Supp. 970 (W.D.N...

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