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U.S. v. DAVIS

No. 95-5189.

98 F.3d 141 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil McDonald DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1996.

Attorney(s) appearing for the Case

ARGUED: Howard Donald Criswell, III, Arlington, VA, for Defendant-Appellant. Michael Edward Rich, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Plaintiff-Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Office of the United States Attorney, Alexandria, VA, for Plaintiff-Appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and DOUMAR, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WIDENER wrote the majority opinion, in which Judge MURNAGHAN joined. Senior Judge DOUMAR wrote an opinion concurring in the result.

OPINION

WIDENER, Circuit Judge:

The defendant, Cecil McDonald Davis, was indicted in September 1994 under a four count indictment. The indictment alleged conspiracy, in violation of 18 U.S.C. § 371, to damage and destroy or attempt to damage and destroy by means of fire and explosive...

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