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U.S. v. DAVIS

No. 12-4346.

720 F.3d 215 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Zavier Marquis DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 24, 2013.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders Of Western North Carolina, Inc., Charlotte, North Carolina; Thomas N. Cochran , Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge HOLLANDER joined.

GREGORY, Circuit Judge:

As permitted under North Carolina law, Appellant Zavier M. Davis received one consolidated sentence for multiple violations of state law. Based on its interpretation of the career offender enhancement in the United States Sentencing Guidelines ("Guidelines"), see U.S.S.G. § 4B1.1, the district court counted this consolidated sentence as at least "two prior felony convictions" and sentenced Davis as a career offender. We hold that...

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