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U.S. v. VANN

No. 09-4298.

620 F.3d 431 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Torrell Chuvala VANN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 24, 2010.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Clay C. Wheeler , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding , United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge SHEDD joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question whether Torrell Vann's sentence for possessing a firearm, in violation of 18 U.S.C. § 922(g), was properly enhanced under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), based on three previous convictions in North Carolina for taking indecent liberties with a child, in violation of N.C. Gen.Stat. § 14-202.1. To constitute a predicate offense under ACCA, a conviction...

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