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U.S. v. BATTLE

No. 05-4757.

499 F.3d 315 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Terrance L. BATTLE, a/k/a Lemont Battle, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 5, 2007.

Attorney(s) appearing for the Case

ARGUED: Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant. Miller A. Bushong, III, Assistant United States Attorney, Office of the United States Attorney, Beckley, West Virginia, for Appellee. ON BRIEF: Charles T. Miller, Acting United States Attorney, Charleston, West Virginia, for Appellee.

Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge NORTON wrote the opinion, in which Judge NIEMEYER joined. Judge GREGORY wrote a dissenting opinion.

OPINION

NORTON, District Judge:

Appellant entered a guilty plea on a single charge of possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). After a thorough plea colloquy, the district court stated, "Your plea of guilty is provisionally accepted pending receipt of a presentence...

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