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U.S. v. PETERSON

No. 08-4889.

629 F.3d 432 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. John Anthony PETERSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Slade Culli Trabucco , The Trabucco Law Firm, PA, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, Anne M. Hayes , Jennifer P. May-Parker , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

NIEMEYER, Circuit Judge:

After a jury convicted John Peterson on six counts of drug trafficking and firearms charges, the district court sentenced him to 420 months' imprisonment. In making its sentencing decision, the district court found that Peterson was a career offender under U.S.S.G. § 4B1.1(a), because he had two prior felony convictions of a crime of violence, one of which was a North Carolina conviction for involuntary manslaughter...

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