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U.S. v. BARBER

Nos. 95-5238, 95-5250.

119 F.3d 276 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony D. BARBER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David L. HODGE, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1997.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, NC, for Appellants. John Samuel Bowler, Assistant United States Attorney, Raleigh, NC, for Appellee. ON BRIEF: William Davis, Lumberton, NC, for Appellant Hodge. Janice McKenzie Cole, United States Attorney, Paul S. Wilson, Special Assistant United States Attorney, Office of the Staff Judge Advocate, Fort Bragg, NC, for Appellee.

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

Vacated and remanded for resentencing by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, MOTZ, and PHILLIPS join. Judge MURNAGHAN wrote a separate opinion. Judge WILKINS wrote a separate opinion, in which Chief Judge WILKINSON and Judges RUSSELL, NIEMEYER, LUTTIG, and WILLIAMS join.

OPINION

WILKINS, Circuit Judge...

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