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U.S. v. DONNELL

No. 09-4851.

661 F.3d 890 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Steven DONNELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 27, 2011.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Jonathan C. Su , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, Michael T. CitaraManis , Assistant Federal Public Defender, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge KEENAN joined.

OPINION

DAVIS, Circuit Judge:

Robert Steven Donnell pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to 78 months' imprisonment, based in part on its finding that Donnell had committed the offense subsequent to sustaining at least two felony convictions for a "crime of violence." See U.S. Sentencing Guidelines ("U.S.S.G.") § 2K2.1(a)(2) (2008). Donnell timely...

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