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U.S. v. GRAY

No. 02-4990.

405 F.3d 227 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Josephine Virginia GRAY, a/k/a Josephine Stribbling, a/k/a Josephine Mills, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2005.

Attorney(s) appearing for the Case

ARGUED: Denise Charlotte Barrett, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Sandra Wilkinson, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, James M. Trusty, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Before WIDENER and SHEDD, Circuit Judges, and James C. CACHERIS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Shedd wrote the opinion, in which Judge Widener and Judge Cacheris joined.

SHEDD, Circuit Judge:

A grand jury indicted Josephine Gray on five counts of mail fraud and three counts of wire fraud relating to her receipt of insurance proceeds following the deaths of her second husband and a former paramour. Gray was convicted on all counts, and the district court sentenced her to 40 years...

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