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U.S. v. BOYNES

No. 06-4841.

523 F.3d 451 (2008)

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

United States Court of Appeals, Fourth Circuit.

April 17, 2008.

Attorney(s) appearing for the Case

Peter Sinclair Duffey, City of Richmond Commonwealth Attorney, Richmond, VA, for Plaintiff-Appellee.

Robert Edwin Walker, Jr., Robert Walker & Associates, PC, Richmond, VA, for Defendant-Appellant.

ORDER

A member of the Court requested a poll on whether to rehear the case en banc. Chief Judge Williams and Judges Wilkinson, Niemeyer, Traxler, King, Shedd and Duncan voted against rehearing en banc. Judges Michael, Motz and Gregory voted to grant rehearing en banc.

Because the poll on rehearing en banc failed to produce a majority of judges in active service in favor of rehearing en banc, rehearing en banc is denied. Judge

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