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U.S. v. DAVIS

No. 04-4014.

380 F.3d 183 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Arnell Dion DAVIS, a/k/a Flip, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 17, 2004.

Attorney(s) appearing for the Case

ARGUED: Timothy Vitow Anderson, Chesapeake, Virginia, for Appellant. Sherrie Scott Capotosto, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON joined. Judge MICHAEL wrote an opinion concurring in part and dissenting from Part II.A.2.

OPINION

LUTTIG, Circuit Judge:

Appellant, Arnell Davis, was charged with suborning perjury, obstruction of justice, and related charges stemming from his attempts to persuade a witness to testify falsely in his favor at his earlier trial on federal drug and gun possession...

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