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U.S. v. CRABTREE

No. 08-4411.

565 F.3d 887 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Eugene CRABTREE, a/k/a Buck Crabtree, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 19, 2009.

Attorney(s) appearing for the Case

ARGUED: Brian Jackson Beck, Office of the Federal Public Defender, Abingdon, Virginia, for Appellant. Steven Randall Ramseyer, Office of the United States Attorney, Abingdon, Virginia, for Appellee. ON BRIEF: Larry W. Shelton, Federal Public Defender, Abingdon, Virginia, for Appellant. Julia C. Dudley, Acting United States Attorney, Roanoke, Virginia, for Appellee.

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

OPINION

TRAXLER, Circuit Judge:

Daniel Crabtree was sentenced to twenty-four months imprisonment for violating the terms of his supervised release. The government established some of the violations by introducing into evidence certain audio tapes that were made by Crabtree's girlfriend in violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C.A. §§ 2510-2522 (West 2000...

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