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BREWER v. KIMEL

No. 00-2151.

256 F.3d 222 (2001)

David Wayne BREWER, Plaintiff-Appellant, v. Horace M. KIMEL, Jr., District Attorney for the Eighteenth Judicial District, Guilford County, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Seth R. Cohen, SMITH, JAMES, ROWLETT & COHEN, L.L.P., Greensboro, North Carolina, for Appellant.

Stacey Treva Carter, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

ON BRIEF: Walter L. Jones, CLIFFORD, CLENDENIN, O'HALE & JONES, L.L.P., Greensboro, North Carolina, for Appellant.

Isaac T. Avery, III, Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and FREDERIC N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge SMALKIN joined.

OPINION

WILLIAMS, Circuit Judge:

In this case, David Wayne Brewer seeks to enjoin Horace M. Kimel, Jr., the District Attorney for the Eighteenth Judicial District of North Carolina, from prosecuting him for the offense of driving while impaired in violation of N.C. Gen.Stat. § 20-138.1 (1999). Brewer contends that North Carolina...

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