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U.S. v. CORNETTE

No. 18-6041.

932 F.3d 204 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Randall CORNETTE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 30, 2019.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: Caryn Devins , Research & Writing Specialist, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Agee and Senior Judge Duncan joined.

Appellant Randall Cornette was sentenced as an armed career criminal because of certain predicate state convictions that the district court considered to be "violent felonies" under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Cornette now contends that in light of the Supreme Court's decision in Johnson...

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