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U.S. v. BOYNES

No. 06-4841.

515 F.3d 284 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl BOYNES, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert Edwin Walker, Jr., Richmond, Virginia, for Appellant. Richard Daniel Cooke, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Chuck Rosenberg, United States Attorney, Alexandria, Virginia; Peter S. Duffey, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before KING and GREGORY, Circuit Judges, and Samuel G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILSON wrote the majority opinion, in which Judge KING joined. Judge GREGORY wrote a dissenting opinion.

OPINION

WILSON, District Judge:

The United States charged Darryl Boynes, Jr., in a three-count indictment with conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846, distribution of crack cocaine in violation of 21 U.S.C. § 841, and use of a firearm to commit murder in furtherance...

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