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U.S. v. CHERRY

No. 02-4306.

330 F.3d 658 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Billie J. CHERRY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Argued: February 28, 2003.

Decided: May 30, 2003.

Attorney(s) appearing for the Case

ARGUED: Nathan A. Hicks, Jr., Charleston, West Virginia, for Appellant. Susan Marie Arnold, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia; John A. Michelich, Senior Trial Attorney, Fraud Section, Criminal Division, United States Department Of Justice, Washington, DC, for Appellee.

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Affirmed in part and vacated in part by published opinion. Judge KING wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

KING, Circuit Judge:

On October 12, 2001, a jury in Parkersburg, West Virginia, convicted Billie J. Cherry of multiple counts of conspiracy, bank embezzlement, mail fraud, and money laundering. The jury also determined that Cherry should be ordered to forfeit property derived from, involved in, or traceable...

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