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U.S. v. GARDNER

No. 14-4533.

823 F.3d 793 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Ezekiel Donja GARDNER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 18, 2016.

Attorney(s) appearing for the Case

ARGUED: William Michael Dowling , Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina, for Appellant. Phillip Anthony Rubin , Office of the United States Attorney, Raleigh, North Carolina, 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, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

Ezekiel Gardner was tried by a jury and found guilty of possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1), 924. The conviction was based on police officers' recovery of a handgun from Gardner's vehicle during a traffic stop, after receiving a tip from a confidential informant...

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