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U.S. v. NEWBOLD

No. 10-6929.

791 F.3d 455 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph K. NEWBOLD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2015.

Attorney(s) appearing for the Case

ARGUED: Ashley N. Waring , Wake Forest University School of Law, Winston-Salem, North Carolina, for Appellant. Michael Francis Joseph , Office of The United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: John J. Korzen , Director, Kathleen A. Bradway , Third-Year Student, Appellate Advocacy Clinic, Wake Forest University School of Law, Winston-Salem, North Carolina, for Appellant. Ripley Rand , United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

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

Joseph Newbold pleaded guilty in 2005 to being a felon in possession of a firearm. At sentencing, the district court found he possessed three prior North Carolina state court convictions that triggered enhancements under the Armed Career Criminal Act (ACCA), including a fifteen-year mandatory-minimum prison term. Newbold...

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