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U.S. v. DYESS

Nos. 99-4665, 99-4666, 99-4667, 05-4232, 05-4233, 05-4234.

478 F.3d 224 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin Douglas DYESS, a/k/a Rawmel, a/k/a Carlos, a/k/a Calcutta, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Eric Dewayne Spencer, a/k/a High School, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Orange Dyess, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Orange Dyess, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Calvin Douglas Dyess, a/k/a Rawmel, a/k/a Carlos, a/k/a Calcutta, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Eric Dewayne Spencer, a/k/a High School, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Jane Moran, Williamson, West Virginia; Dennis Hugh Curry, Spencer, West Virginia; Joan Arbogast Mooney, Morgantown, West Virginia, for Appellants. Michael James Elston, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, Acting United States Attorney, Kimberly R. Pedersen, Special Attorney to the Attorney General, Brian D. Miller, Special Attorney to the Attorney General, Alexandria, Virginia, for Appellee.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER concurred. Judge GREGORY wrote an opinion dissenting in part and concurring in part.

WIDENER, Circuit Judge.

I.

This criminal appeal involves the actions by William Hart, a police officer of Charleston, West Virginia, the lead investigator of the drug conspiracy charged in this case, and Ursala Rader Dyess, a defendant in the case who was married to another defendant...

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