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U.S. v. CLAY

No. 09-4572.

627 F.3d 959 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James Jesse CLAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Matthew Segal , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher , Executive Director, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Edward R. Ryan , United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge AGEE and Judge DEVER joined.

OPINION

HAMILTON, Senior Circuit Judge:

On February 5, 2009, James Clay (Clay) pled guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Thereafter, the district court sentenced him to sixty months' imprisonment. In calculating Clay's advisory sentencing range under the United States Sentencing Guidelines (Guidelines or USSG), the district court counted Clay's prior conviction for the offense of felony...

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