U.S. v. RUSSELL

No. 91-5110.

971 F.2d 1098 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Peter RUSSELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1992.

As Amended August 12, 1992.


Attorney(s) appearing for the Case

Frederick Fanelli, Riley & Fanelli, P.C., Pottsville, Pa., Drewry B. Hutcheson, Jr., Alexandria, Va., for defendant-appellant.

Lawrence Joseph Leiser, Asst. U.S. Atty., Office of the U.S. Atty., Alexandria, Va., argued (Richard Cullen, U.S. Atty., Michael E. Rich, Sp. Asst. U.S. Atty.), Alexandria, Va., for plaintiff-appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.


OPINION

LUTTIG, Circuit Judge:

Appellant Robert Peter Russell was convicted of the federal offense of first-degree murder for killing his wife, an officer in the United States Marine Corps. The evidence supporting Russell's conviction was all circumstantial. His wife's body has never been found, there were no witnesses to the crime, and the murder weapon has not been located.

Russell's principal claim on appeal is that there was insufficient evidence...

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