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U.S. v. BAXTER

No. 10-4080.

642 F.3d 475 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Earnest Robert BAXTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2011.

Attorney(s) appearing for the Case

ARGUED: Randy Virlin Cargill , Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Jean Barrett Hudson , Office of the United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Christine Madeleine Lee , Research and Writing Attorney, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Timothy J. Heaphy , United States Attorney, R. Andrew Bassford , Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge KEENAN concurred.

OPINION

DAVIS, Circuit Judge:

Earnest Robert Baxter pled guilty to one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Baxter was sentenced under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), to the mandatory minimum period of incarceration: 180 months. Baxter appeals his sentence, contending, as he did before the district court, see United States v. Baxter, 677 F.Supp.2d 918 (W...

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