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U.S. v. HABEGGER

No. 03-4473.

370 F.3d 441 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Fricke HABEGGER, a/k/a Larry Frick Habegger, a/k/a Harry Frick Habegger, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Argued: May 4, 2004.

Decided: June 7, 2004.

Attorney(s) appearing for the Case

ARGUED: William Carlton Ingram, Jr., Assistant Federal Public Defender, Office of The Federal Public Defender, Greensboro, North Carolina, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Office of The United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Greensboro, North Carolina, for Appellee.

Before WILKINS, Chief Judge, DUNCAN, Circuit Judge, and Bobby R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.

Reversed and remanded with instructions by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge DUNCAN and Senior Judge BALDOCK joined.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Larry Fricke Habegger appeals his conviction and sentence for trafficking in counterfeit goods, see 18 U.S.C.A. § 2320 (West 2000 & Supp.2004). Because there is insufficient evidence to establish the "trafficking" element of this offense...

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