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U.S. v. RIVERS

No. 09-4336.

595 F.3d 558 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Deangelo Sylvester RIVERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Mary Gordon Baker, Office of the Federal Public Defender, Charleston, South Carolina, for Appellant. Robert Frank Daley, Jr., Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins, United States Attorney, Columbia, South Carolina, Eric J. Klumb, Assistant United States Attorney, Office of the United States attorney, Charleston, South Carolina, for Appellee.

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

OPINION

GREGORY, Circuit Judge:

The Armed Career Criminal Act ("ACCA") imposes a fifteen-year mandatory minimum sentence on felons convicted of firearm possession where the felon has "three previous convictions ... for a violent felony or a serious drug offense." 18 U.S.C. § 924(e)(1). Today, we again consider whether a conviction under South Carolina law for failure to stop for a blue light, S.C.Code Ann. § 56-5-750(A), constitutes a "violent...

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