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U.S. v. LEWIS

No. 10-2931.

802 F.3d 449 (2015)

UNITED STATES of America v. Jermel LEWIS, a/k/a Star, a/k/a PR-Star, a/k/a P Jermel Lewis, Appellant.

United States Court of Appeals, Third Circuit.

Court Ordered Rehearing En Banc on November 25, 2014.

Argued En Banc on February 19, 2015.

Opinion filed: September 16, 2015.

Attorney(s) appearing for the Case

Paul J. Hetznecker, Esquire , (Argued), Philadelphia, PA, Counsel for Appellant Jermel Lewis.

Robert A. Zauzmer, Esquire , (Argued), Arlene D. Fisk, Esquire , Office of United States Attorney, Philadelphia, PA, Counsel for Appellee United States of America.

Michael P. Addis, Esquire , (Argued), J. Wesley Earnhardt, Esquire , Cravath, Swaine & Moore, New York, NY, Counsel for Amicus Amachi, Inc.

Before: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ and KRAUSE, Circuit Judges.

OPINION

Jermel Lewis was sentenced for a crime with a seven-year mandatory minimum — brandishing a firearm during and in relation to a crime of violence — notwithstanding the fact that a jury had not convicted him of that crime. Instead, he had been convicted of the crime of using or carrying a firearm...

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