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U.S. v. PITTS

No. 97-4616.

176 F.3d 239 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Edwin PITTS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1999.

Attorney(s) appearing for the Case

ARGUED: Nina Jean Ginsberg, Dimuro, Ginsberg & Lieberman, P.C., Alexandria, Virginia, for Appellant. Randy I. Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Kathleen M. Kahoe, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, Chief Judge, TRAXLER, Circuit Judge, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge GOODWIN wrote the opinion, in which chief Judge WILKINSON and Judge TRAXLER joined.

OPINION

GOODWIN, District Judge:

Former FBI agent Earl Edwin Pitts pled guilty on February 28, 1997 to one count of conspiracy to commit espionage and one count of attempted espionage in violation of 18 U.S.C. § 794. Pitts now challenges his sentence. He argues that the convictions for the two offenses should have been grouped...

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