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U.S. v. LANCASTER

Nos. 95-5012, 95-5190.

96 F.3d 734 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Bert LANCASTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Derrick VANLIEROP, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1996.

Attorney(s) appearing for the Case

ARGUED: Jerome Patrick Aquino, Alexandria, VA, for Appellant Vanlierop; David Benjamin Smith, English & Smith, Alexandria, VA, for Appellant Lancaster. Vincent L. Gambale, Assistant United States Attorney, United States Attorney's Office, Alexandria, VA, for Appellee. ON BRIEF: Gregory B. English, English & Smith, Alexandria, VA, for Appellant Lancaster. Helen F. Fahey, United States Attorney, David J. Stander, Special Assistant United States Attorney, Alexandria, VA, for Appellee.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, and LUTTIG joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges ERVIN, HAMILTON, and MICHAEL joined. Judge MOTZ wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Derrick Vanlierop and Bert Lancaster appeal their convictions for assault resulting in serious bodily injury...

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