U.S. v. JOHNSON

No. 18-4459, No. 18-4457.

945 F.3d 174 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Martin JOHNSON, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Martin Johnson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2019.


Attorney(s) appearing for the Case

ARGUED: Jason D. Medinger , OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellant/Cross-Appellee. Joshua Morgan Wesneski , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Robert K. Hur , United States Attorney, Zachary B. Stendig , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellant/Cross-Appellee. Paresh S. Patel , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland; Matthew D. McGill , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellee/Cross-Appellant.

Affirmed in part, vacated in part, and remanded for resentencing by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Thacker joined.


A jury found Martin Johnson, a convicted felon, guilty of unlawful possession of a firearm. The district court, declining to apply two enhancements under the Armed Career Criminal Act (ACCA) and United States Sentencing Guidelines, sentenced Johnson to 51 months' imprisonment and three years' supervised release...

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