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U.S. v. ALLRED

No. 18-6843.

942 F.3d 641 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Jimmy Lee ALLRED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2019.

Attorney(s) appearing for the Case

ARGUED: Thomas Ernest Booth , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Leza Lee Driscoll , LAW OFFICE OF LEZA LEE DRISCOLL, PLLC, Raleigh, North Carolina, for Appellee. ON BRIEF: Brian A. Benczkowski , Assistant Attorney General, Matthew S. Miner , Deputy Assistant Attorney General, Criminal Division UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Matthew G.T. Martin , United States Attorney, Angela H. Miller , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellant.

Reversed and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Agee joined.

In 1995, a jury in the United States District Court for the Middle District of North Carolina found appellee Jimmy Lee Allred guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to 264 months in prison under the Armed Career Criminal Act ("ACCA...

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