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U.S. v. HARCUM

No. 07-4890.

587 F.3d 219 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl HARCUM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Cheryl L. Crumpton, Office Of The United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL joined.

OPINION

KING, Circuit Judge:

Darryl Harcum pursues this appeal from the 235-month prison sentence imposed in the District of Maryland on his conviction for being a felon in possession of a firearm, in contravention of 18 U.S.C. § 922(g)(1). Harcum's sole appellate contention is that the district court erred in enhancing his sentence under the Armed Career Criminal Act (the "ACCA"), which mandates a minimum fifteen-year sentence when a person convicted...

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