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U.S. v. SIMMONS

No. 17-4618.

917 F.3d 312 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Tomonta SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2019.

Amended: March 6, 2019.

Attorney(s) appearing for the Case

ARGUED: Randolph Marshall Lee , Charlotte, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge Gregory authored the opinion, in which Judge Duncan and Judge Diaz joined. Judge Duncan wrote a concurring opinion.

Appellant Tomonta Simmons had his supervised release revoked and was sentenced to 36 months' imprisonment after the district court determined that he committed the North Carolina offense of assault with a deadly weapon on a government official ("AWDWOGO") and four other violations of his release. Simmons's revocation sentence...

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