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U.S. v. CARTER

No. 08-4643.

564 F.3d 325 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Jack Dale CARTER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2009.

Attorney(s) appearing for the Case

ARGUED: Jennifer P. May-Parker, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Terry F. Rose, Smithfield, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Jack Dale Carter pleaded guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1) (2006). Carter's properly-calculated advisory Guidelines sentencing range is 37 to 46 months, but the district court sentenced him to a term of probation. The Government appeals, arguing that Carter's sentence is procedurally and substantively unreasonable. Because the district court failed...

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