U.S. v. SHELL

No. 14-4211.

789 F.3d 335 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Eugene SHELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2015.


Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Ross Hall Richardson , Acting Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge HARRIS wrote the majority opinion, in which Senior Judge DAVIS joined. Judge WILKINSON wrote a dissenting opinion.


Defendant-Appellant Aaron Eugene Shell ("Shell") pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (2012). At sentencing, the district court applied an enhanced base offense level on the ground that Shell's prior North Carolina conviction for second-degree rape constituted...

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