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U.S. v. MOBLEY

No. 93-5091.

40 F.3d 688 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Delbert MOBLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1994.

Attorney(s) appearing for the Case

ARGUED: James Christopher Savage, Rockville, MD, for appellant. Andrew Gerald McBride, Asst. U.S. Atty., Alexandria, VA, for appellee. ON BRIEF: Helen F. Fahey, U.S. Atty., Marcus J. Davis, Asst. U.S. Atty., Alexandria, VA, for appellee.

Before ERVIN, Chief Judge, SPROUSE, Senior Circuit Judge, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Senior Judge SPROUSE joined. Senior Judge HARVEY wrote a concurring opinion.

OPINION

ERVIN, Chief Judge:

Delbert Mobley was indicted under 18 U.S.C. § 922(g)(1) as a felon in possession of a firearm. His suppression motions failed, his case proceeded to trial and he was convicted. The government moved to have him sentenced as a career criminal under 18 U.S.C. §...

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