U.S. v. PRATT

No. 02-4833.

351 F.3d 131 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Wayne PRATT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2003.


Attorney(s) appearing for the Case

ARGUED: Paul Geoffrey Gill, Assistant Federal Public Defender, Richmond, Virginia, for Appellant. Sara Elizabeth Flannery, Assistant United States Attorney, Richmond, Virginia, for Appellee.

ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Richmond, Virginia, for Appellee.

Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG joined. Judge MOTZ joined in Parts I, II, IV, and V of the opinion and wrote a separate opinion dissenting from Part III and from the judgement.

OPINION

NIEMEYER, Circuit Judge:

Joseph Wayne Pratt was convicted on five drug trafficking counts: one count of conspiracy to traffic in cocaine, three counts of attempt to possess...

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