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U.S. v. TIPTON

Nos. 93-4005 to 93-4007, 93-4009 and 93-4010.

90 F.3d 861 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Richard TIPTON, a/k/a Whittey, Defendant-Appellant (Two Cases). UNITED STATES of America, Plaintiff-Appellee, v. Cory JOHNSON, a/k/a "O", a/k/a "CO", Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James H. ROANE, Jr., a/k/a J.R., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Richard TIPTON, a/k/a Whittey; Cory Johnson, a/k/a "O", a/k/a "CO"; James H. Roane, Jr., a/k/a J.R., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1996.

Attorney(s) appearing for the Case

ARGUED: Scott Lawrence Nelson, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Appellant Roane; Eric David White, Morchower, Luxton & Whaley, Richmond, Virginia, for Appellant Tipton; Craig Stover Cooley, Richmond, Virginia, for Appellant Johnson. Robert John Erickson, United States Department Of Justice, Washington, D.C., for Appellee. ON BRIEF: Paul F. Enzinna, Miller, Cassidy, Larroca & Lewin, Washington, D.C.; David Baugh, Richmond, Virginia, for Appellant Roane; Robert P. Geary, Richmond, Virginia, for Appellant Tipton; John F. McGarvey, Richmond, Virginia, for Appellant Johnson. Helen F. Fahey, United States Attorney, United States Department Of Justice, Washington, D.C., for Appellee.

Before WILKINSON, Chief Judge, ERVIN, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Affirmed in part, vacated and remanded in part by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Chief Judge WILKINSON and Judge ERVIN joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Richard Tipton, Cory Johnson, and James Roane were tried to a jury on a 33-count indictment charging each with a number of federal crimes, including capital murder, growing out of their concerted drug-trafficking activities, principally in Richmond...

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