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U.S. v. EVANS

No. 04-4522.

416 F.3d 298 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Antwone Deshawn EVANS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 2005.

Attorney(s) appearing for the Case

ARGUED: William Stimson Trivette, Assistant Federal Public Defender, Office of the Federal Public Defender, Greensboro, North Carolina, for Appellant. Kearns Davis, Assistant United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Greensboro, North Carolina, for Appellee.

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

OPINION

SHEDD, Circuit Judge.

After pleading guilty to being a felon in possession of a firearm, Antwone Deshawn Evans was sentenced to 96 months' imprisonment. Evans now claims that his sentence is unconstitutional based on the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d...

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