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U.S. v. GORMLEY

No. 96-4666.

201 F.3d 290 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Purvis H. GORMLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 7, 2000

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Brian Lee Whisler, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

ON BRIEF: William Arthur Webb, Federal Public Defender, Raleigh, North Carolina, for Appellant. Mark T. Calloway, United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Chief Judge WILKINSON and Judge KING joined.

OPINION

BUTZNER, Senior Circuit Judge:

Purvis H. Gormley was indicted on one count of conspiracy to defraud the United States in violation of 18 U.S.C.A. § 286 (West Supp.1999) and nineteen counts of filing fraudulent claims in violation of 18 U.S.C.A. § 287 (West Supp.1999). After a jury trial, Gormley...

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