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U.S. v. McDOWELL

No. 13-4370.

745 F.3d 115 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest James McDOWELL, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert Earl Waters , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Jennifer P. May-Parker , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, Bettina K. Roberts , Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Yvonne V. Watford-McKinney , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DIAZ joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Ernest James McDowell, Jr., appeals his 196-month sentence imposed pursuant to the Armed Career Criminal Act. He contends that the district court erred by relying on an uncertified criminal record check as proof that he committed a violent felony in New York more than forty years ago. Given the applicable burden of proof and our deferential standard of review, we affirm.

I.

A.

In August 2010, DEA agents...

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