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U.S. v. DEFFENBAUGH

No. 11-4951.

709 F.3d 266 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Larry L. DEFFENBAUGH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Patrick L. Bryant , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Joseph Kosky , Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Keith Loren Kimball , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge FLOYD joined.

OPINION

NIEMEYER, Circuit Judge:

In order to avoid a state probation violation hearing, Larry Deffenbaugh designed a plan to fake his death with the assistance of his girlfriend. Under the scheme, Deffenbaugh would rent a boat to go fishing with his unsuspecting brother and, while his brother was preoccupied with driving the boat, he would jump off, swim to shore, meet up with his girlfriend, and flee the State. He expected that when his brother discovered...

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