U.S. v. PETTIFORD

No. 09-4119.

606 F.3d 156 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Antoine Jerome PETTIFORD, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 3, 2010.


Attorney(s) appearing for the Case

ARGUED: Sujit Raman, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Paresh S. Patel, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Michael J. Leotta, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellee.

Reversed and remanded with instructions by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON joined.


OPINION

DUNCAN, Circuit Judge:

Appellee Antoine Jerome Pettiford pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g), and received an enhanced sentence of 188 months' imprisonment, in part because he had five prior convictions which qualified him as a career criminal under the provisions of the Armed Career Criminal Act (the "ACCA"), 18 U.S.C. § 924(e). Two of the five state court convictions...

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