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U.S. v. LOWE

No. 94-5713.

65 F.3d 1137 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Dale LOWE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1995.

Attorney(s) appearing for the Case

ARGUED: Rebecca Ann Baitty, Lutz, Webb, Partridge, Bobo & Baitty, P.A., Sarasota, FL, for appellant. John Castle Parr, Assistant United States Attorney, Charleston, WV, for appellee. ON BRIEF: Charles T. Miller, Acting United States Attorney, Michael L. Keller, Assistant United States Attorney, Charleston, WV, for appellee.

Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge NIEMEYER joined. Judge MOTZ wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Appellant, Jerry Dale Lowe (Lowe), appeals his conviction and sentence for three violations of 18 U.S.C. § 33 and one violation of 18 U.S.C. § 924(c)(1). For reasons that follow, we affirm.

I

The events giving rise to Lowe's criminal prosecution occurred...

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