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U.S. v. LENTZ

Nos. 03-15, 04-7, 04-8.

383 F.3d 191 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Jay E. LENTZ, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Jay E. Lentz, Defendant-Appellee. In re: Steven D. Mellin, Assistant United States Attorney, Appellant, United States of America, Plaintiff, v. Jay E. Lentz, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Vincent L. Gambale, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States. William M. Sullivan, Jr., Winston & Strawn, L.L.P., Washington, D.C., for Appellant Mellin. Michael W. Lieberman, Alexandria, Virginia, Frank Salvato, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Kevin V. Di Gregory, Acting Chief, Criminal Division, Morris R. Parker, Jr., Assistant United States Attorney, Steven D. Mellin, Assistant United States Attorney, Patricia M. Haynes, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States. Ryan S. Spiegel, Winston & Strawn, L.L.P., Washington, D.C., for Appellant Mellin. Frank W. Dunham, Jr., Federal Public Defender, Meghan S. Skelton, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellee.

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge KING joined. Judge MICHAEL wrote an opinion dissenting in part and concurring in part.

OPINION

TRAXLER, Circuit Judge:

The United States appeals from the district court's grant of Jay E. Lentz's motion for judgment of acquittal on the charge of kidnapping resulting in the death of...

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