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U.S. v. HORTON

No. 11-4052.

693 F.3d 463 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Tyrone HORTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Samuel A. Forehand , Law Office of Samuel A. Forehand, PA, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded in part by published opinion. Judge AGEE wrote the opinion, in which Judge THACKER joined. Judge DAVIS wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

AGEE, Circuit Judge:

Timothy Tyrone Horton appeals his conviction for possessing a firearm while a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924, and also appeals the district court's imposition of a sentence of life imprisonment. For the reasons set forth herein, we affirm Horton's conviction. We conclude, however, that the district court erred in applying the murder cross-reference provision in United States Sentencing...

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