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U.S. v. DAVIS

No. 12-4088.

714 F.3d 809 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jervis Ricky DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 1, 2013.

Attorney(s) appearing for the Case

ARGUED: Marilyn G. Ozer , Massengale & Ozer, Chapel Hill, 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.

Reversed by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge TRAXLER and Judge WYNN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

After breaking into a house and stealing a firearm and other valuables, Jervis Ricky Davis pled guilty to one count of possession of a stolen firearm. In addition to a sentence of imprisonment followed by supervised release, the district court ordered Davis to pay restitution to reimburse the homeowner for the value of the unrecovered firearm and damage caused by the break-in. Davis appeals, challenging only the...

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