UNITED STATES v. MITCHELL

Attorney(s) appearing for the Case

ARGUED: Andrew DeSimone , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Katherine Simpson Englander , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Michael F. Easley, Jr. , United States Attorney, David A. Bragdon , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed in part, vacated, and remanded with instructions by published opinion. Judge Benjamin wrote the opinion, in which Judge Rushing joined as to Part II.A. and Senior Judge Keenan joined as to Part II.B. Judge Rushing wrote an opinion concurring in part and dissenting in part. Senior Judge Keenan wrote an opinion concurring in part and dissenting in part.