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U.S. v. THOMAS

No. 03-4506.

367 F.3d 194 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. THOMAS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 4, 2004.

Attorney(s) appearing for the Case

ARGUED: Christina Kearney Saba, Glen Allen, VA, for Appellant. Sara Elizabeth Flannery, Assistant United States Attorney, Richmond, VA, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Richmond, VA, for Appellee.

Before WILKINS, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.

WILLIAM W. WILKINS, Chief Judge:

Michael Anthony Thomas appeals his conviction for fourth-offense driving while intoxicated (DWI) on a federal reservation in Virginia. See 18 U.S.C.A. § 13 (West 2000) (adopting state law for areas within federal jurisdiction); Va.Code Ann. §§ 18.2-266, 18.2-270(C) (Michie 1996...

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