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U.S. v. WASHINGTON

No. 03-4867.

404 F.3d 834 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gay Sanford WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Jonathan David Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Joshua Clarke Hanks, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, Edward H. Weis, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge DUNCAN concurred. Judge LUTTIG wrote a dissenting opinion.

KING, Circuit Judge:

Gay Sanford Washington appeals from the sentence imposed upon him in the Southern District of West Virginia after his plea of guilty to a single offense of felonious possession of a firearm, in contravention of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Washington contends that he was sentenced...

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