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U.S. v. GREEN

Nos. 08-4088, 08-4090.

599 F.3d 360 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Wayne GREEN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Courtney Omar Boyd, a/k/a Omar, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 5, 2010.

Attorney(s) appearing for the Case

ARGUED: Marcia G. Shein, Law Office of Marcia G. Shein, PC, Decatur, Georgia; Lawrence Hunter Woodward, Jr., Shuttle-worth, Ruloff, Swain, Haddad & Morecock, PC, Virginia Beach, Virginia, for Appellants. Richard Daniel Cooke, Office of The United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Dana J. Boente, Acting United States Attorney, Alexandria, Virginia; Eric M. Hurt, Assistant United States Attorney, Office of The United States Attorney, Newport News, Virginia, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge GREGORY wrote a separate opinion dissenting in part.

OPINION

DAVIS, Circuit Judge:

Appellant Courtney Omar Boyd ("Boyd") was convicted by a jury in the Eastern District of Virginia on two counts of a multi-count indictment: (1) conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and more than five grams of crack cocaine, in violation of 21 U.S.C. § 846, and (2) money laundering conspiracy, in violation of 18 U.S.C. § 1956(h). Appellant Phillip Wayne Green...

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