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U.S. v. ANGLE

Nos. 96-4662, 96-4672, 99-4187.

230 F.3d 113 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Corey ANGLE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James Edward Phifer, a/k/a Rick Daye, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James Edward Phifer, a/k/a Rick Daye, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 12, 2000.

Attorney(s) appearing for the Case

ARGUED: James Frank Wyatt, III, Robert Adams Blake, Jr., Law Offices of James F. Wyatt, III, Charlotte, North Carolina, for Appellant Phifer; Thomas Franklin Loflin, III, Loflin & Loflin, Durham, North Carolina, for Appellant Angle. Frank DeArmon Whitney, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Charlotte, North Carolina, for Appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and James H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge MICHAEL wrote the opinion, in which Judge WIDENER joined.

OPINION

MICHAEL, Senior District Judge:

On December 6, 1994, a federal grand jury in the Western District of North Carolina indicted defendant-appellant James Edward Phifer a/k/a Rick Daye ("Phifer") and defendant-appellant Corey Eugene Angle ("Angle"), with John...

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