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U.S. v. BRAXTON

No. 96-4242.

112 F.3d 777 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. James BRAXTON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1997.

Attorney(s) appearing for the Case

ARGUED: Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellant. Edward Henry Weis, First Assistant Federal Public Defender, Charleston, West Virginia, for Appellee. ON BRIEF: Margaret A. Hickey, Assistant United States Attorney, Charleston, West Virginia, for Appellant. Hunt L. Charach, Federal Public Defender, Charleston, West Virginia, for Appellee.

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

Reversed and remanded by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, WILKINS, NIEMEYER, HAMILTON, and LUTTIG joined. Judge MICHAEL wrote a concurring opinion. Judge MOTZ concurred in part III of the opinion and in the judgment. Judge HALL wrote a dissenting opinion. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

James Braxton purchased twenty...

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