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U.S. v. VINSON

No. 14-4078.

794 F.3d 418 (2015)

UNITED STATES of America, Plaintiff-Appellant, v. Rodney Marshall VINSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 21, 2015.

Attorney(s) appearing for the Case

ARGUED: Barbara Dickerson Kocher , Office of the United States Attorney, Raleigh, NC, for Appellant. Robert Earl Waters , Office of the Federal Public Defender, Raleigh, NC, 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, NC, for Appellant. Thomas P. McNamara , Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the opinion in which Judge AGEE joined. Judge GREGORY wrote a separate dissenting opinion.

Police officers dispatched to the residence of Rodney Marshall Vinson found a rifle and ammunition during a consensual search. After determining that Vinson had a prior North Carolina conviction amounting to a "misdemeanor crime of domestic violence," 18 U.S.C. § 921(a)(33)(A), the government charged Vinson with possession...

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