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U.S. v. WALTON

Nos. 97-4498, 97-4537.

207 F.3d 694 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Arthur WALTON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Eldridge Mayfield, a/k/a Sippy, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 27, 2000.

Attorney(s) appearing for the Case

ARGUED: Jay Thornton McCamic, McCamic & McCamic, Wheeling, West Virginia, for Appellant Walton; Gerald Grant Ashdown, West Virginia University School of Law, Morgantown, West Virginia, for Appellant Mayfield. Paul Thomas Camilletti, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: Bren Pomponio, Student Attorney, West Virginia University School of Law, Morgantown, West Virginia, for Appellant Mayfield. William D. Wilmoth, United States Attorney, Wheeling, West Virginia, for Appellee.

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

Affirmed by published per curiam opinion. Chief Judge WILKINSON and Judge WILLIAMS wrote concurring opinions. Judge WIDENER wrote a dissenting opinion, in which Judge MURNAGHAN, Judge WILKINS, and Judge TRAXLER joined. Senior Judge HAMILTON wrote a dissenting opinion.

OPINION

PER CURIAM:

This case came to be argued before the en banc court on April 6, 1999. The judgment of the district court is hereby affirmed by an equally divided en banc court...

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