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U.S. v. GADSEN

No. 02-7077.

332 F.3d 224 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Robert James GADSEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2003.

Attorney(s) appearing for the Case

ARGUED: John Herman Hare, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

ON BRIEF: J. Strom Thurmond, Jr., United States Attorney, Charleston, South Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

Petitioner Robert Gadsen was convicted of two federal crimes and received an enhanced sentence as a career offender in part because he had previously been convicted in state court of a violent crime. That state court conviction was subsequently vacated, and Gadsen brought a petition under...

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