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U.S. v. JORDAN

Nos. 06-4258, 06-4264.

509 F.3d 191 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Robert JORDAN, a/k/a Pete, a/k/a Richard Mercer, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Arthur Lorenzo Gordon, a/k/a Ron Green, a/k/a New York, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Gerald Thomas Zerkin, Paul G. Gill, Office of the Federal Public Defender, Richmond, Virginia, for Appellants. David John Novak, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellant Arthur Lorenzo Gordon; Muriel-Theresa Pitney, Richmond, Virginia, Cary B. Bowen, Bowen, Champlin, Carr & Rockecharlie, Richmond, Virginia, for Appellant Peter Robert Jordan. Chuck Rosenberg, United States Attorney, Alexandria, Virginia, Roderick C. Young, Matthew C. Ackley, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before WILLIAMS, Chief Judge, GREGORY, Circuit Judge, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part; reversed in part by published opinion. Chief Judge WILLIAMS wrote the majority opinion, in which Judge GREGORY concurred. Judge WILSON wrote a separate opinion concurring in part and dissenting in part.

OPINION

WILLIAMS, Chief Judge:

A jury convicted Arthur Gordon and Peter Jordan of murder while engaged in a drug trafficking offense, in violation of 21 U.S.C.A. § 848(e)(1)(A) (West 1999) and 18 U.S.C.A. § 2 (West 2000...

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