IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

CRIMINAL NO. 1:CR 96CR98

UNITED STATES OF AMERICA,

Appellee,

JOHNE. JOHNSON, III
WILLIAM V. LeTEMPT
JEFFREY O. PIKE
DANIEL GALLAGHER,

Appellants. NOTICE

Pursuant to Judge Lacy H. Thornburg's order of November 25, 1996, the Appellants in this matter give notice that they intend to pursue their appeals of the convictions in this matter to District Court.

THIS the 10th day of December, 1996.

PITTS, HAY, HUGENSCHMIDT & DEVEREUX, P.A.
Attorneys for the Appellants

Sean P. Devereux
137 Biltmore Avenue
Asheville, NC 28801
(704) 255-8085

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to Suppress was served on the following [ ] by depositing a copy in the United States Postal Service in a properly addressed envelope with adequate postage thereon, or [x] by leaving same at his office with a responsible partner or employee.

Thomas A. Ascik
Assistant United States Attorney
100 Otis Street, Room 207
Asheville, North Carolina 28801

This the 10th day of December, 1996.

(signed)
Sean P. Devereux