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U.S. v. BOONE

No. 98-4628.

245 F.3d 352 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Dean BOONE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2001.

Attorney(s) appearing for the Case

ARGUED: William Fletcher Nettles, IV, Assistant Federal Public Defender, Florence, South Carolina, for Appellant.

Thomas Ernest Booth, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: J. Rene Josey, United States Attorney, Alfred W. Bethea, Jr., Assistant United States Attorney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Before WIDENER and LUTTIG, Circuit Judges, and Jackson L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG concurred. Senior Judge KISER wrote an opinion concurring in part and dissenting in part.

OPINION

WIDENER, Circuit Judge:

Gary Dean Boone (Boone) appeals the district court's failure to appoint a second lawyer to represent him under 18 U.S.C. § 3005 (2000) in his trial for violating 18

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