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U.S. v. ASHFORD

No. 12-4477.

718 F.3d 377 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. James Anthony ASHFORD, a/k/a Pop-A-Lot, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Kimberly Harvey Albro , Office of the Federal Public Defender, Columbia, SC, for Appellant. Robert Frank Daley, Jr. , Office of the United States Attorney, Columbia, SC, for Appellee. ON BRIEF: Allen B. Burnside , Assistant Federal Public Defender, Office of the Federal Public Defender, Columbia, SC, for Appellant. William N. Nettles , United States Attorney, Stacey D. Haynes , Assistant United States Attorney, Office of the United States Attorney, Columbia, SC, for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge DUNCAN and Senior Judge HAMILTON joined.

DIAZ, Circuit Judge:

Pursuant to a guilty plea, a federal district court convicted James Ashford of illegal possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2). Because Ashford had used the firearm on the day of his arrest to shoot another person, the district court applied a "cross reference" under § 2K2.1(c) of the United States Sentencing Guidelines ("USSG") and substituted the offense level for attempted second-degree murder.

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