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U.S. v. MURPHY

No. 96-4628.

117 F.3d 137 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. James Dennis MURPHY, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 26, 1997.

Attorney(s) appearing for the Case

ARGUED: Daniel Steven Goodman, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellant. William H. Cleaveland, Rider, Thomas, Cleaveland, Ferris & Eakin, Roanoke, VA, for Appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Julie C. Dudley, Assistant United States Attorney, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellant.

Before WILKINSON, Chief Judge, and RUSSELL and WILLIAMS, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge RUSSELL and Judge WILLIAMS joined. Judge WILLIAMS wrote a concurring opinion.

OPINION

WILKINSON, Chief Judge:

James Dennis Murphy was convicted before a magistrate judge in the Western District of Virginia for willful failure to pay child support in violation of the Child Support Recovery Act of 1992 ("CSRA"), see 18 U.S.C. § 228...

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