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U.S. v. McCOLLUM

No. 17-4296.

885 F.3d 300 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Taison McCOLLUM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 20, 2018.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. ON BRIEF: Anthony Martinez , Federal Public Defender, Caleb H. Newman , FEDERAL PUBLIC DEFENDER WESTERN DISTRICT OF NORTH CAROLINA, Charlotte, North Carolina, for Appellant. Jill Westmoreland Rose , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Traxler joined. Judge Traxler wrote a concurring opinion. Judge Wilkinson wrote a dissenting opinion.

Appellant Taison McCollum pleaded guilty in federal court to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). At his sentencing, the district court applied a sentencing enhancement under § 2K2.1(a)(4)(A) of the Sentencing Guidelines based on McCollum's prior conviction under 18 U.S...

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