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U.S. v. LINNEY

No. 14-4847.

819 F.3d 747 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Russell Javon LINNEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2016.

Attorney(s) appearing for the Case

ARGUED: Chiege Ojugo Kalu Okwara , Law Office of Chiege O. Kalu Okwara, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Jill Westmoreland Rose , Acting United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge KEENAN joined.

In this case we must determine whether two burglaries that served as part of the predicate for Russell Linney's Armed Career Criminal Act ("ACCA") sentencing enhancement occurred on different occasions. See 18 U.S.C. § 924(e)(1). The district court ruled that the burglaries did in fact occur on different occasions...

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