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U.S. v. CROSS

Nos. 03-4737, 03-4752.

371 F.3d 176 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. William Terrence CROSS, a/k/a Red, Defendant-Appellee. United States Of America, Plaintiff-Appellee, v. William Terrence Cross, a/k/a Red, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2004.

Attorney(s) appearing for the Case

ARGUED: Michael James Elston, Assistant United States Attorney, Alexandria, Virginia, for the United States. Charles Russell Burke, Virginia Beach, Virginia, for William Terrence Cross. ON BRIEF: Paul J. McNulty, United States Attorney, Laura P. Tayman, Assistant United States Attorney, Alexandria, Virginia, for the United States.

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

TRAXLER, Circuit Judge:

Defendant William Terrence Cross was charged with using physical force to intimidate a witness in a federal drug conspiracy prosecution in order to influence her testimony and retaliate against her for providing to law enforcement...

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