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U.S. v. BOYKIN

No. 11-4061.

669 F.3d 467 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Lee BOYKIN, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2012.

Attorney(s) appearing for the Case

ARGUED: Stephen Clayton Gordon , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Toby W. Lathan , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge DIAZ and Judge FLOYD joined.

OPINION

GREGORY, Circuit Judge:

Walter Lee Boykin, Jr. challenges the use of his presentence report ("PSR") to determine the circumstances surrounding two prior violent-felony convictions for sentencing purposes. We find it was plain error for the district court to use the PSR's discussion of the circumstances surrounding these two convictions in applying an Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), enhancement. For the reasons that follow...

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