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U.S. v. HILL

Nos. 01-4083, 01-4288.

322 F.3d 301 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Donn L. HILL, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Donn L. Hill, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 12, 2003.

Attorney(s) appearing for the Case

ARGUED: Eric Robert Delinsky, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant. David Ira Salem, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Martin G. Bahl, Staff Attorney, Baltimore, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Greenbelt, Maryland, for Appellee.

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge TRAXLER wrote a concurring opinion.

OPINION

GREGORY, Circuit Judge:

Donn L. Hill, Jr. was convicted of posing as an investment advisor and defrauding Michael Emmanuel out of more than $100,000 in cash, stocks, and annuities. Hill insists that the assets were delivered to him as gifts. He further contends that Emmanuel recharacterized...

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