No. 12-5035.

735 F.3d 172 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Eliab HUNTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2013.

Attorney(s) appearing for the Case

ARGUED: Curtis Scott Holmes , Brock, Payne & Meece, PA, Durham, North Carolina, for Appellant.

Joshua L. Rogers , 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.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge SHEDD and Senior Judge HAMILTON joined.

WYNN, Circuit Judge:

In Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), the Supreme Court announced that "the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders." Relying on Miller, Defendant Jimmy Eliab Hunter appeals from his sentence for being a felon in possession of a firearm, asserting that the district court...

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