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U.S. v. MAY

No. 15-7912.

855 F.3d 271 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. David Tobias MAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2017.

Attorney(s) appearing for the Case

ARGUED: Lisa M. Lorish , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant. Jennifer R. Bockhorst , OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant. John P. Fishwick, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge Floyd wrote the opinion, in which Chief Judge Gregory and Judge Duncan joined.

In mid-2009, David May pleaded guilty to various drug and firearm offenses, and was sentenced pursuant to a stipulated plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C). In November 2014, the Sentencing Guidelines were amended, retroactively lowering the offense levels associated with two of the offenses to...

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