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U.S. v. ALSTON

No. 09-4375.

611 F.3d 219 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Willie Lee ALSTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2010.

Attorney(s) appearing for the Case

ARGUED: Meghan Suzanne Skelton, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. George Jarrod Hazel, 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 NIEMEYER wrote the opinion, in which Judge KING and Senior Judge SILER joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of whether Willie Alston's sentence for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) was properly enhanced under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), which provides for an enhancement based on a defendant having three prior convictions for a violent felony or a serious drug offense. In enhancing Alston's sentence, the district court relied...

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