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U.S. v. CARTHORNE

No. 16-6515.

878 F.3d 458 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Jolon Devon CARTHORNE, Sr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2017.

Attorney(s) appearing for the Case

ARGUED: Katherine Grace Mims Crocker , McGUIREWOODS LLP, Richmond, Virginia, for Appellant. Anand P. Ramaswamy , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Benjamin L. Hatch , McGUIREWOODS LLP, Norfolk, Virginia, for Appellant. Sandra J. Hairston, Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Keenan wrote the opinion, in which Judge Motz and Judge Thacker joined.

In this appeal, we consider the district court's dismissal of a motion for post-conviction relief under 28 U.S.C. § 2255. We decide whether our decision on direct appeal, that a sentencing court did not plainly err in designating a defendant as a "career offender," requires a conclusion on collateral review...

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