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U.S. v. DIXON

No. 01-4847.

318 F.3d 585 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Deon DIXON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 2003.

Attorney(s) appearing for the Case

ARGUED: Jeanette Doran Brooks, Research and Writing Attorney, Raleigh, North Carolina, for Appellant. J. Frank Bradsher, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINS, MICHAEL, and KING, Circuit Judges.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

WILKINS, Circuit Judge.

Deon Dixon appeals the sentence imposed following his guilty plea to being an illegal alien in possession of a firearm, see 18 U.S.C.A. § 922(g)(5)(A) (West 2000). Dixon maintains that the district court abused its discretion in departing upward on the basis that Dixon's Criminal History Category...

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