U.S. v. GARY

No. 18-4578.

954 F.3d 194 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Andrew GARY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 25, 2020.


Attorney(s) appearing for the Case

ARGUED: Kimberly Harvey Albro , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. Alyssa Leigh Richardson , OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. ON BRIEF: Sherri A. Lydon , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Floyd and Judge Thacker joined.


Michael Andrew Gary appeals his sentence following a guilty plea to two counts of possession of a firearm and ammunition by a person previously convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). Gary contends that two recent decisions— the Supreme Court's decision in Rehaif v. United States, ___ U.S...

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