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U.S. v. CURBELO

Nos. 02-4194, 02-4247.

343 F.3d 273 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco CURBELO, a/k/a Murando, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Francisco Curbelo, a/k/a Murando, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 11, 2003.

Attorney(s) appearing for the Case

ARGUED: Lisa S. Costner, Lisa S. Costner, P.A., Winston-Salem, North Carolina, for Appellant.

Gretchen C.F. Shappert, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WILKINS, Chief Judge, and MOTZ and KING, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Chief Judge WILKINS wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

On July 13, 2001, an eleven-person jury convicted Francisco Curbelo of multiple counts related to a drug distribution ring that operated out of Charlotte, North Carolina. Curbelo has asserted several possible...

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