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U.S. v. NICHOLS

Nos. 04-5020, 04-5021.

438 F.3d 437 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. James David NICHOLS, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. James David Nichols, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew Theodore Martens, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant/Cross-Appellee. Randolph Marshall Lee, Charlotte, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellant/Cross-Appellee.

Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

WILLIAM W. WILKINS, Chief Judge.

The United States appeals James David Nichols' sentence for bank robbery, see 18 U.S.C.A. § 2113(a) (West 2000), arguing that the district court improperly refused to consider at sentencing a statement obtained from Nichols...

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