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UNITED STATES v. LINVILLE

No. 21-4559.

60 F.4th 890 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Reid LINVILLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 24, 2023.

Attorney(s) appearing for the Case

ARGUED: Kathleen Ann Gleason , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greensboro, North Carolina, for Appellant. Julie Carol Niemeier , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Louis C. Allen , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greensboro, North Carolina, for Appellant. Sandra J. Hairston , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson and Judge Heytens joined.

Normally, one seeking the Fifth Amendment's protection against self-incrimination must invoke the right and remain silent rather than answering questions that might lead to incriminating evidence. But when a criminal defendant faces what the law calls a "classic penalty situation...

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