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U.S. v. SMITH

No. 16-6720.

881 F.3d 954 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Charles SMITH, aka Marvon Andersen, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2018.

Attorney(s) appearing for the Case

ARGUED: Bradley L. Henry , BREEDING & HENRY, LLC, Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Bradley L. Henry , BREEDING & HENRY, LLC, Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

Before: NORRIS, ROGERS, and BUSH, Circuit Judges.

OPINION

Arthur Smith was sentenced as a career offender based in part on his prior North Carolina state conviction for common-law robbery. In this appeal, he contends that North Carolina common-law robbery does not qualify as a "crime of violence" within the meaning of § 4B1.1(a) of the United States Sentencing...

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