U.S. v. KERR

No. 12-4775.

737 F.3d 33 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Norman Alan KERR, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2013.


Attorney(s) appearing for the Case

ARGUED: George Entwistle Crump, III , Rockingham, North Carolina, for Appellant. Ripley Eagles Rand , Office of The United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Robert A.J. Lang , Assistant United States Attorney, Office of the United States Attorney, Winston-Salem, North Carolina; Tammy Chen Hsu , Second Year Law Student, Wake Forest University School of Law, Winston-Salem, North Carolina, for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the majority opinion, in which Judge AGEE joined. Judge DAVIS wrote a dissenting opinion.


DIAZ, Circuit Judge:

A jury convicted Norman Alan Kerr of possession of a firearm after being previously convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). The district court determined that Kerr qualified as an armed career criminal under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), and sentenced him to 268 months' imprisonment.

Kerr raises three issues in this appeal...

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