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U.S. v. LINNEY

No. 96-4916.

134 F.3d 274 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Larry R. LINNEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Assistant Federal Public Defender, Raleigh, NC, for Appellant. Robert James Conrad, Jr., Assistant United States Attorney, Charlotte, NC, for Appellee. ON BRIEF: William Arthur Webb, Federal Public Defender, Raleigh, NC, for Appellant. Mark T. Calloway, United States Attorney, Charlotte, NC, for Appellee.

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed as modified by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Larry R. Linney appeals his conviction for criminal contempt in violation of 18 U.S.C.A. §§ 401(1) and 401(3) (West 1966) and his sentence — a fine of $4,950 or, in the alternative, 300 hours of community service. Linney challenges the sufficiency...

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