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U.S. v. FRAZIER-EL

No. 98-4462.

204 F.3d 553 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Clinton Bernard FRAZIER-EL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 2000

Attorney(s) appearing for the Case

ARGUED: Denise Charlotte Barrett, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant. Tarra R. DeShields-Minnis, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Jeffrey E. Risberg, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant. Lynne A. Battaglia, United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge MAGILL joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Clinton Frazier-El was convicted of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g), and sentenced to 188 months imprisonment as an armed career criminal under 18 U.S.C. § 924(e). On appeal, he contends...

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