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U.S. v. CARTER

No. 09-5074.

669 F.3d 411 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Tod CARTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2012.

Attorney(s) appearing for the Case

ARGUED: Lex A. Coleman , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Anthony William Vitarelli, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Jonathan D. Byrne , Appellate Counsel, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin, II , United States Attorney, Charleston, West Virginia, Lisa G. Johnston , Assistant United States Attorney, Office of the United States Attorney, Huntington, West Virginia, for Appellee.

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

OPINION

NIEMEYER, Circuit Judge.

Following a police search that uncovered marijuana and firearms in Benjamin Carter's West Virginia apartment, Carter conditionally pleaded guilty to possessing a firearm while being an unlawful user of marijuana, in violation of 18 U.S.C. § 922(g)(3). At the time of his arrest, Carter was using marijuana and conceded that he had been using it for approximately 15 years. Carter's conditional guilty plea reserved for appeal...

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