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U.S. v. RUHE

No. 98-4731.

191 F.3d 376 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert RUHE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 31, 1999.

Attorney(s) appearing for the Case

ARGUED: Michael M. Fisher, Offutt, Fisher & Nord, Huntington, West Virginia, for Appellant. Zelda Elizabeth Wesley, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF: Chad S. Lovejoy, Offutt, Fisher & Nord, Huntington, West Virginia, for Appellant. William D. Wilmoth, United States Attorney, Clarksburg, West Virginia, for Appellee.

Before MURNAGHAN, WILKINS, and NIEMEYER, Circuit Judges.

Affirmed in part and vacated and remanded in part with instructions by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WILKINS joined. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.

OPINION

MURNAGHAN, Circuit Judge:

Appellant Robert Ruhe was tried and convicted of conspiring to transport stolen property in interstate commerce and aiding and abetting the transportation of stolen property in interstate...

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