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U.S. v. CARDWELL

Nos. 03-4585, 03-4835.

433 F.3d 378 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. John Wayne CARDWELL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Leo Hinson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 2005.

Attorney(s) appearing for the Case

ARGUED: Craig Weston Sampson, Richmond, Virginia; Randy Virlin Cargill, Magee, Foster, Goldstein & Sayers, P.C., Roanoke, Virginia, for Appellants. Thomas Ernest Booth, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Thomas K. Maher, Chapel Hill, North Carolina, for Appellant Leo Hinson. John L. Brownlee, United States Attorney, Donald R. Wolthuis, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Before WILLIAMS and MICHAEL, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed in part; vacated and remanded in part by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge DEVER joined.

OPINION

WILLIAMS, Circuit Judge.

Leo Hinson and John Cardwell were convicted on various murder-for-hire charges. In addition, Hinson was convicted on a felon-in-possession charge, which was tried at the same time as the other counts. Hinson and Cardwell were each sentenced based, in part, on facts found...

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