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U.S. v. LOUGHRY

No. 19-4137.

983 F.3d 698 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Allen H. LOUGHRY II, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2020.

Attorney(s) appearing for the Case

ARGUED: Elbert Lin , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Appellant. Richard Gregory McVey , OFFICE OF THE UNITED STATES ATTORNEY, Huntington, West Virginia, for Appellee. ON BRIEF: Nicholas D. Stellakis , Boston, Massachusetts, Katy Boatman , HUNTON ANDREWS KURTH LLP, Houston, Texas, for Appellant. Michael B. Stuart , United States Attorney, Philip H. Wright , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Quattlebaum joined. Judge Diaz wrote a separate opinion joining in Parts III and IV and dissenting from Part II.

After the former Chief Justice of the Supreme Court of Appeals of West Virginia, Allen H. Loughry II, was convicted of mail fraud and wire fraud for the misuse of public assets, he filed a motion challenging the fairness of his trial on the grounds that a juror — referred to by the district court and the parties as...

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