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U.S. v. MIDGETT

No. 01-4674.

342 F.3d 321 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Dameron MIDGETT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 2003.

Attorney(s) appearing for the Case

ARGUED: Charles Robinson Brewer, Asheville, North Carolina, for Appellant.

Kenneth Michel Smith, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellee.

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

TRAXLER, Circuit Judge:

In November 2000, Paul Dameron Midgett was convicted of damaging a vehicle by means of fire and injuring another thereby in violation of 18 U.S.C.A. § 844(i) (West 2000), bank robbery in violation of 18 U.S.C.A. § 2113(a) (West 2000), and...

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