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UNITED STATES v. MALLORY

No. 19-4385.

40 F.4th 166 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Patrick MALLORY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2022.

Attorney(s) appearing for the Case

ARGUED: Geremy C. Kamens , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Jehnifer Kennedy Gellie , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Frances H. Pratt , Assistant Federal Public Defender, Todd M. Richman , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, John T. Gibbs , Assistant United States Attorney, Daniel T. Young , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson and Judge Quattlebaum joined.

A jury convicted Kevin Patrick Mallory of conspiring to transmit national defense information to Chinese agents, in violation of 18 U.S.C. § 794(c), and making materially false statements to FBI agents, in violation of 18 U.S.C. § 1001(a)(2).

On appeal, Mallory challenges the district court's application...

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