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U.S. v. COLLINS

Nos. 03-4257, 03-4258, 03-4318.

372 F.3d 629 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John Mark COLLINS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert Marshall Serrano, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. John Mark Collins; Robert Marshall Serrano, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Sofie Wonderly Hosford, Hosford & Hosford, Wilmington, North Carolina, for John Mark Collins; Kelly Latham Greene, Stubbs & Perdue, P.A., New Bern, North Carolina, for Robert Marshall Serrano. Dennis M. Duffy, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States. ON BRIEF: Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for the United States.

Before MOTZ and KING, Circuit Judges, and BOWMAN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed in part and vacated and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Senior Judge BOWMAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A jury convicted John Mark Collins and Robert Marshall Serrano of crimes arising from their participation in sophisticated interstate burglary and money laundering conspiracies. On appeal they challenge their convictions; the Government cross-appeals, asserting...

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