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U.S. v. RIGGS

No. 03-4017.

370 F.3d 382 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Andre E. RIGGS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 3, 2004.

Attorney(s) appearing for the Case

ARGUED: Philip S. Jackson, Assistant United States Attorney, Baltimore, MD, for Appellant. Kelli Colleen McTaggart, Assistant Federal Public Defender, Greenbelt, MD, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, MD, for Appellant. James Wyda, Federal Public Defender, Jeffrey Risberg, Assistant Federal Public Defender, Greenbelt, MD, for Appellee.

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Vacated and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Judge NIEMEYER joined. Judge DUNCAN wrote a dissenting opinion.

SHEDD, Circuit Judge:

Andre Riggs pled guilty to possession of a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g). At sentencing, the district court granted Riggs a downward departure under §...

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