Opinion
No. 82-5201.
Argued February 7, 1984.
Decided February 28, 1984.
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.
Appeal from the United States District Court for the Eastern District of North Carolina, at Wilson; Franklin T. Dupree, Jr., Senior District Judge.
Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, and BRYAN, Senior Circuit Judge, sitting in banc.
ON PETITION FOR REHEARING
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.
AFFIRMED.