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U.S. v. JONES

No. 91-5826.

977 F.2d 105 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Robert William JONES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1992.

As Amended November 24, 1992.

Attorney(s) appearing for the Case

Thomas Michael Gannon, U.S. Dept. of Justice, Washington, D.C., argued (E. Bart Daniel, U.S. Atty. and Alfred W. Bethea, Jr., Asst. U.S. Atty., Florence, S.C., on brief), for appellant.

James T. McBratney, Jr., Rogers, McBratney & Josey, Florence, S.C., for defendant-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PHILLIPS, Circuit Judge:

This is the second appeal in this case. In the first, Robert William Jones challenged his conviction and sentence, as a career offender, for armed robbery and use of a firearm during a crime of violence. We held then that the district court had erred in declining, on the basis that it lacked jurisdiction, to consider Jones' attempt to challenge as unconstitutional a prior state felony conviction used to establish his career...

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