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U.S. v. JOHNSON

No. 94-5472.

48 F.3d 806 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Victoria Kaye JOHNSON, a/k/a Victoria Kaye Southern, Defendant Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1995.

Attorney(s) appearing for the Case

ARGUED: Gregory Davis, Asst. Federal Public Defender, Greensboro, NC, for appellant. Scott Patrick Mebane, Asst. U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: William E. Martin, Federal Public Defender, Greensboro, NC, for appellant. Walter C. Holton, Jr., U.S. Atty., Greensboro, NC, for appellee.

Before NIEMEYER and MICHAEL, Circuit Judges, and MESSITTE, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded for resentencing by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MESSITTE joined.

OPINION

NIEMEYER, Circuit Judge:

Victoria Kaye Johnson used stolen checks and credit cards to defraud financial institutions and individual account holders of $35,069.10. She was convicted of bank fraud in violation of 18 U.S.C. § 1344 and sentenced to 46 months...

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