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U.S. v. FULLER

No. 97-4132.

162 F.3d 256 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Frank FULLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

ARGUED: John William Weeks, Aiken, South Carolina, for Appellant. Scarlett Anne Wilson, Assistant United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, John M. Barton, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion, Judge Niemeyer wrote the opinion, in which Judge Smith joined. Judge Luttig wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

During the trial of Frank Fuller on charges of distributing crack cocaine in violation of 21 U.S.C. § 841(a), the district judge explained to the jury that while they "must not accept [his] view of the evidence" and the determination of what the evidence established was entirely...

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