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U.S. v. VANDERHORST

No. 18-6225.

927 F.3d 824 (2019)

UNITED STATES of America Plaintiff-Appellee v. Lamont Marloe VANDERHORST Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2019.

Attorney(s) appearing for the Case

ARGUED: Mark Everette Edwards , EDWARDS & TRENKLE, PLLC, Durham, North Carolina, for Appellant. Michael Calvin Moore , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Richard D. Cooke , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Thacker joined. Judge Diaz wrote a separate opinion dissenting in part and concurring in the judgment.

Defendant Lamont Marloe Vanderhorst appeals a decision of the U.S. District Court of the Eastern District of Virginia denying his motion under Federal Rule of Criminal Procedure 36 to correct a clerical error in his Pre-Sentence Report ("PSR"). According to Defendant, as a result of that clerical error, the district court wrongly...

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