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U.S. v. GRAY

No. 96-4617.

137 F.3d 765 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. David Furtado GRAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1998.

Attorney(s) appearing for the Case

ARGUED: Joseph A. Balter, Supervisory Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Harvey Ellis Eisenberg, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Lynne A. Battaglia, United States Attorney, Gregory Welsh, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

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

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judges WIDENER, ERVIN, WILKINS, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

For the gangland-style killing of Jessie Waller, a jury convicted David F. Gray of murder in aid of racketeering activity in violation of 18 U.S.C. § 1959(a)(1) and use of a firearm...

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