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U.S. v. SMITH

Nos. 04-4574, 04-4575.

452 F.3d 323 (2006)

UNITED STATES of America, Plaintiff-Appellee, and Molita Bryant; Wesley Palmer, Parties in Interest, v. Thomas E. SMITH, Jr., a/k/a Anthony Young, Defendant-Appellant. United States of America, Plaintiff-Appellee, and Molita Bryant; Wesley Palmer, Parties in Interest, v. Tyrone Smallwood, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2006.

Attorney(s) appearing for the Case

ARGUED: Frank Salvato, Alexandria, Virginia; Meghan Suzanne Skelton, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellants. Brian David Miller, General Services Administration, Office of the Inspector General, Washington, D.C., for Appellee. ON BRIEF: Lana Marie Manitta, Martin & Arif, Springfield, Virginia, for Appellant Tyrone Smallwood. Frank W. Dunham, Jr., Federal Public Defender, Ivan D. Davis, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant Thomas E. Smith, Jr. Paul J. McNulty, United States Attorney, Erik R. Barnett, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and Glen E. CONRAD, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge CONRAD joined.

OPINION

WILKINSON, Circuit Judge:

Defendants Thomas E. Smith, Jr. and Tyrone Smallwood appeal their convictions and sentences arising from their participation in a large crack cocaine conspiracy and the murder of Conrad Shelton. Defendants primarily contend that the district court assumed the role of a prosecutor by rehabilitating government...

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