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U.S. v. SMITH

No. 18-4394.

939 F.3d 612 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrius Eugene SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 27, 2019.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: Anthony Martinez , Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Motz and Judge Wynn joined.

Tyrius Smith was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). While there is no doubt that he possessed a firearm, we must decide whether he was a felon under federal law. Answering that question is surprisingly difficult. Federal law treats

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