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U.S. v. LANCASTER

Nos. 95-5012, 95-5190.

78 F.3d 888 (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 March 20, 1996.

Rehearing Granted; Opinion Vacated April 15, 1996.

Attorney(s) appearing for the Case

ARGUED: Jerome Patrick Aquino, Alexandria, Virginia, for Appellant Vanlierop; Gregory Bruce English, English & Smith, Alexandria, Virginia, for Appellant Lancaster. David Joel Stander, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Alexandria, Virginia, for Appellee.

Before MURNAGHAN, LUTTIG, and WILLIAMS, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated April 15, 1996.

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion in which Judge LUTTIG joined and wrote a concurring opinion. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Derrick Vanlierop and Bert Lancaster appeal their convictions for assault resulting in serious bodily injury, see 18 U.S.C.A. § 113(a)(6) (West.Supp.1995), and...

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