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U.S. v. MARTINEZ

No. 95-5331, 95-5332.

136 F.3d 972 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Mario MARTINEZ, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. Steven COX, a/k/a Bobby, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 18, 1998.

Attorney(s) appearing for the Case

ARGUED: Margaret Brooke Murdock, Thieblot, Ryan, Martin & Ferguson, Baltimore, MD, for Appellant Cox. Gary Allen Ticknor, Baltimore, MD, for Appellant Martinez. Thomas M. DiBiagio, Asst. U.S. Atty., Baltimore, MD, for Appellee. ON BRIEF: Lynne A. Battaglia, U.S. Atty., Baltimore, MD, for Appellee.

Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote a separate opinion, concurring in all of the opinion except for Part II, and as to Part II, concurring only in the judgment.

OPINION

WIDENER, Circuit Judge:

On June 24, 1993, defendants Mario Martinez and Steven Cox, among others, were charged by indictment in the U.S. District Court for the District of Maryland with conspiracy to...

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