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CUNNINGHAM v. SCIBANA

No. 00-7486

259 F.3d 303 (2001)

Connie F. Cunningham, Petitioner-Appellant, v. Joseph Scibana, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2001

Attorney(s) appearing for the Case

ARGUED: Joseph Anthony Brossart, Legal Research and Writing Specialist, Charleston, West Virginia, for Appellant.

Michael Lee Keller, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

ON BRIEF: Mary Lou Newberger, Acting Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant.

Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

MICHAEL, Circuit Judge:

Constance Cunningham was convicted of tampering with a consumer product with reckless disregard for and extreme indifference to the risk of human death or injury, in violation of 18 U.S.C. § 1365(a). Cunningham, who is still in prison, participated in a drug treatment program in an effort to qualify...

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