U.S. v. POLLARD

No. 03-4761.

389 F.3d 101 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse B. POLLARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 9, 2004.


Attorney(s) appearing for the Case

ARGUED: Michael William Lieberman, Assistant Federal Public Defender, Office Of The Federal Public Defender, Alexandria, Virginia, for Appellant. Jennifer Ann Dominguez, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Nia Ayanna Vidal, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINS, Chief Judge, TRAXLER, Circuit Judge, and TITUS, United States District Judge for the District of Maryland, sitting by designation.


Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER joined. Judge TITUS wrote a dissenting opinion.

OPINION

WILKINS, Chief Judge:

Jesse B. Pollard appeals a decision of the district court affirming a magistrate judge's denial of his motion to dismiss a petition on probation filed against him and to vacate the underlying sentence of probation. Pollard argues that his sentence of probation is invalid under ...

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