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U.S. v. EBERSOLE

No. 03-4847.

411 F.3d 517 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Russell Lee EBERSOLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Gregory Edward Stambaugh, Manassas, Virginia, for Appellant. Thomas Higgins McQuillan, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Robert C. Erickson, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON joined. Judge MICHAEL wrote a separate opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge.

Russell Lee Ebersole appeals his convictions and sentence on twenty-five counts of wire fraud, in violation of 18 U.S.C. § 1343, and two counts of presenting false claims to the government, in contravention...

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