United States of America, Appellee, v. Neville Bruce Thompson, Appellant, 728 F.2d 654 (4th Cir. 1984)

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US Court of Appeals for the Fourth Circuit - 728 F.2d 654 (4th Cir. 1984) Argued Feb. 7, 1984. Decided Feb. 28, 1984

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilson; Franklin T. Dupree, Jr., Senior District Judge.

Jack B. Crawley, Jr., Rocky Mount, N.C. (Spruill, Lane, McCotter & Jolly, Rocky Mount, N.C., on brief), for appellant.

Margaret I. Miller, Dept. of Justice, Washington, D.C. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., on brief), for appellee.


Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, and BRYAN, Senior Circuit Judge, sitting in banc.


On rehearing in banc, the panel opinions in United States v. Thompson, 716 F.2d 248 (4 Cir. 1983) are vacated, and the judgment of the district court is affirmed by an equally divided court.