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U.S. v. HEMINGWAY

No. 12-4362.

734 F.3d 323 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy Deon HEMINGWAY, Defendant-Appellant. Evelina Jan Norwinski, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: October 31, 2013.

Attorney(s) appearing for the Case

ARGUED: William Fletcher Nettles, IV , Office of the Federal Public Defender, Florence, South Carolina, for Appellant. Thomas Ernest Booth , United States Department of Justice, Washington, D.C., for Appellee. Justin Sanjeeve Antonipillai , Arnold & Porter, LLP, Washington, D.C., for Court-Assigned Amicus Counsel. ON BRIEF: William N. Nettles , United States Attorney, Columbia, South Carolina, A. Bradley Parham , Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina; Lanny A. Breuer , Assistant Attorney General, John D. Buretta , Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, washington, D.C., for Appellee. Laura K. D'Allaird , Arnold & Porter, LLP, Washington, D.C., for Court-Assigned Amicus Counsel.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge SHEDD and Judge THACKER joined.

KING, Circuit Judge:

In November 2011, Leroy Deon Hemingway pleaded guilty in the District of South Carolina to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Hemingway to fifteen years in prison, ruling that he was subject to the mandatory fifteen-year minimum required by the Armed Career Criminal Act (the "ACCA"), see 18 U.S.C. § 924(e). On appeal, Hemingway maintains...

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