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U.S. v. KELLY

No. 17-60133.

915 F.3d 344 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Terry KELLY, Also Known as T.K., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED February 8, 2019.

Attorney(s) appearing for the Case

Clayton Adair Dabbs , Philip Martin Levy, Esq. , Jamiel M. Wiggins, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Mississippi, Oxford, MS, for Plaintiff-Appellee.

Gregory Scott Park , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Mississippi, Oxford, MS, for Defendant-Appellant.

Before SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.

Terry Kelly pleaded guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) and enhanced per the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e) (2012). As part of his plea agreement, Kelly agreed to an appeal waiver, yet...

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