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U.S. v. PROVANCE

No. 18-4786.

944 F.3d 213 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Jon W. PROVANCE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2019.

Attorney(s) appearing for the Case

ARGUED: Erin Christina Blondel , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. Jaclyn Lee DiLauro , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Motz and Judge Diaz joined.

Jon William Provance ("Appellee") pled guilty to one count of assault resulting in bodily injury to a victim under 16 years of age, admitting that he repeatedly injured his newborn son. Appellee's advisory sentencing range was calculated at 33 to 41 months of imprisonment, but the district court varied downward and sentenced...

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