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U.S. v. BENSON

No. 18-4539, No. 18-4540, No. 18-4577.

957 F.3d 218 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph James Cain BENSON, a/k/a Black, a/k/a Boston, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Bryan Lamar Brown, a/k/a Breezy, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mark Xavier Wallace, a/k/a M-EZ, a/k/a Mark Xavier Grinage, II, a/k/a Mark Grinage, a/k/a Mark Xavier Lagrand, a/k/a Mark Xavier Wallace, II, a/k/a Louis Xavier Joseph, a/k/a Mark Wallace, a/k/a Mark Greenwhich, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Brandt , ROBINSON & BRANDT, PSC, Covington, Kentucky; Trey R. Kelleter , KELLETERLAW PC, Norfolk, Virginia; Andrew Michael Sacks , SACKS & SACKS, Norfolk, Virginia, for Appellants. Aidan Taft Grano , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Dana R. Cormier , DANA R. CORMIER, PLC, Staunton, Virginia, for Appellant Mark Wallace. G. Zachary Terwilliger , United States Attorney, Howard J. Zlotnick , Assistant United States Attorney, Lisa R. McKeel , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer joined. Judge Richardson wrote a concurring opinion.

A federal jury convicted Joseph Benson, Bryan Brown, and Mark Wallace (the "Defendants") of aiding and abetting the use of a firearm in a crime of violence resulting in murder, in violation of 18 U.S.C. §§ 924(c)(1) and (j) and 2. The Defendants appeal, contending that the district court erred in failing to exclude...

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