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U.S. v. CARTER

No. 94-5753.

139 F.3d 424 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Earnest CARTER, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1998.

Attorney(s) appearing for the Case

ARGUED: Edward Blair Brown, Brown & Stambaugh, Alexandria, VA, for Appellant. William Graham Otis, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, John T. Martin, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee.

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

Affirmed by published opinion. Judge WIDENER wrote the majority opinion, in which Chief Judge WILKINSON and Judges WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and DIANA GRIBBON MOTZ concurred. Judge ERVIN wrote a dissenting opinion, in which Judges MURNAGHAN and MICHAEL and Senior Judge K.K. HALL concurred.*

OPINION

WIDENER, Circuit Judge:

The defendant, Earnest Carter, Jr., appeals his conviction after a guilty plea...

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