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U.S. v. PASQUANTINO

Nos. 01-4463, 01-4464, 01-4465.

336 F.3d 321 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. David B. PASQUANTINO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carl J. Pasquantino, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Arthur Hilts, a/k/a Butch, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 18, 2003.

Attorney(s) appearing for the Case

ARGUED: Bruce Robert Bryan, Syracuse, New York; Jensen Egerton Barber, Jensen E. Barber & Associates, Washington, D.C.; Isaac Joe, Jr., Baltimore, Maryland, for Appellants. Gregory Welsh, First Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Michael J. McCarthy, Bowie, Maryland, for Appellant Carl Pasquantino. Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, WIDENER, WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Chief Judge WILKINS and Judges WIDENER, WILKINSON, NIEMEYER, WILLIAMS, TRAXLER, KING, and SHEDD joined. Judge GREGORY wrote a dissenting opinion, in which Judge MICHAEL joined.

OPINION

HAMILTON, Senior Circuit Judge:

David Pasquantino, Carl Pasquantino, and Arthur Hilts (collectively the Defendants) were convicted of using interstate wires for the purpose of executing...

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