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U.S. v. HAIRSTON

No. 12-8096.

754 F.3d 258 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Earl HAIRSTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Stephanie D. Taylor , Jones Day, Pittsburgh, Pennsylvania, for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Lawrence D. Rosenberg , Jones Day, Washington, D.C., for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed and remanded by published opinion. Senior Judge DAVIS wrote the opinion, in which Judge GREGORY and Judge THACKER joined.

DAVIS, Senior Circuit Judge:

Appellant Robert Earl Hairston pled guilty to conspiracy to possess with intent to distribute narcotics in 2003. He was sentenced to 324 months based on a Sentencing Guidelines range of 324-405 months, taking into account his category IV criminal history. In 2012, after a state court vacated one of his convictions which contributed to his criminal history category, Hairston filed a motion pursuant to 28 U.S.C. § 2255, not his first...

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