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U.S. v. McLAURIN

Nos. 13-4138, 13-4139.

764 F.3d 372 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Deangelo McLAURIN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Nicholas Lowery, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 22, 2014.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina; Lawrence W. Hewitt , Guthrie Davis Henderson & Staton, Charlotte, North Carolina, for Appellants. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant Deangelo McLaurin. Justin N. Davis , Guthrie Davis Henderson & Staton, Charlotte, North Carolina, for Appellant Nicholas Lowery. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

No. 13-4138 affirmed in part, vacated in part, and remanded; No. 13-4139 affirmed by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Senior Judge Hamilton joined. Judge FLOYD wrote a separate opinion concurring in part and dissenting in part.

TRAXLER, Chief Judge:

Working with disgruntled drug couriers, defendants Deangelo McLaurin and Nicholas Lowery devised a plan to rob a drug "stash house." As it turned out, the stash house never existed, and the supposed drug couriers were undercover law enforcement officers. McLaurin and Lowery were arrested and ultimately convicted of various conspiracy and firearms charges. Finding no reversible trial error, we affirm their convictions. As to defendant McLaurin...

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