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U.S. v. PENDERGRAPH

No. 01-4633.

388 F.3d 109 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell Glenn PENDERGRAPH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Thomas Kieran Maher, Chapel Hill, North Carolina, for Appellant. Lawrence Patrick Auld, Assistant United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

ON BRIEF: Anna Mills Wagoner, United States Attorney, Greensboro, North Carolina, for Appellee.

Before LUTTIG and MICHAEL, Circuit Judges, and Jackson L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part: vacated and remanded in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL and Judge KISER joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Darrell Pendergraph was convicted by a jury of all charges in a 20-count indictment. The charges included ten counts of mail fraud in violation of 18 U.S.C. § 1341, eight counts of possessing and uttering forged securities in violation of 18 U.S.C. §...

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