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U.S. v. FORD

No. 11-5193.

703 F.3d 708 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Harold FORD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2013.

Attorney(s) appearing for the Case

ARGUED: James Edward Todd, Jr. , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Joshua L. Rogers , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. 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 by published opinion. Judge EAGLES wrote the opinion, in which Chief Judge TRAXLER and Judge DIAZ joined.

OPINION

EAGLES, District Judge:

A jury found Harold Ford guilty of being a felon in possession of a firearm. We reversed his conviction because of a post-trial change in law effected by United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc), and remanded the case for further proceedings. United States v. Ford (Ford I), 447 Fed.Appx. 484, 485 (4th Cir.2011) (unpublished). Ford was again convicted,...

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