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U.S. v. SMITH

No. 03-4650.

373 F.3d 561 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 24, 2004.

Attorney(s) appearing for the Case

ARGUED: Nia Ayanna Vidal, Research and Writing Attorney, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Arenda L. Wright Allen, Assistant United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Larry M. Dash, Assistant Federal Public Defender, Norfolk, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Norfolk, Virginia, for Appellee.

Before LUTTIG and MICHAEL, Circuit Judges, and William D. QUARLES, Jr., United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published PER CURIAM opinion. Judge MICHAEL wrote a dissenting opinion.

OPINION

PER CURIAM:

Appellant, Alfred Smith, appeals his conviction for embezzling, stealing, purloining and converting to his own use funds belonging to the Social Security Administration ("SSA") in violation of 18 U.S.C. § 641. Smith asserts that the indictment against him was unconstitutionally duplicitous, i.e...

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