U.S. v. ROANE

Nos. 03-13, 03-25, 03-26, and 03-27.

378 F.3d 382 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. James H. ROANE, Jr., Defendant-Appellee. United States of America, Plaintiff-Appellee, v. James H. Roane, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cory Johnson, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Richard Tipton, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2004.


Attorney(s) appearing for the Case

Nos. 03-13 & 03-25. ARGUED: Robert John Erickson, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellant/Cross-Appellee. Paul Francis Enzinna, Baker Botts, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia; G. Wingate Grant, Assistant United States Attorney, Richmond, Virginia, for Appellant/Cross Appellee. Michael J. Barta, Jamie Kilberg, Cheryl Crumpton, Baker Botts, Washington, D.C., for Appellee/Cross-Appellant. No. 03-26. ARGUED: Barbara Lynn Hartung, Richmond, Virginia, for Appellant. Robert John Erickson, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Edward E. Scher, Thorsen & Scher, L.L.P., Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia; G. Wingate Grant, Assistant United States Attorney, Richmond, Virginia, for Appellee. No. 03-27. ARGUED: Stephen Atherton Northup, Troutman Sanders, L.L.P., Richmond, Virginia, for Appellant. Robert John Erickson, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: ON BRIEF: Frederick R. Gerson, Robinson & Gerson, P.C., Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia; G. Wingate Grant, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.


Affirmed in part and reversed in part by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge DUNCAN joined.

OPINION

KING, Circuit Judge:

In February 1993, James Roane, Cory Johnson, and Richard Tipton were convicted in the Eastern District of Virginia for an array of criminal activity, including several capital murders, arising out of drug-trafficking operations in and near...

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