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U.S. v. LAWRENCE

No. 97-4176.

161 F.3d 250 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Desmond Charles LAWRENCE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 19, 1998.

Attorney(s) appearing for the Case

ARGUED: Allen Bethea Burnside, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. John Michael Barton, Assistant United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, Kelly E. Shackelford, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Before WIDENER and HAMILTON, Circuit Judges, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part and vacated and remanded for resentencing by published opinion. Judge WIDENER wrote the opinion, in which Judge HAMILTON and Judge FRIEDMAN joined.

OPINION

WIDENER, Circuit Judge:

Desmond Lawrence appeals to this court following his conviction and sentencing on one count of attempted bank robbery in violation of 18 U.S.C. § 2113(a) and a second count of bank larceny in violation of 18 U.S.C. § 2113(b). Lawrence raises a...

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