U.S. v. LOCKHART

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , FEDERAL PUBLIC DEFENDERS OF WESTERN NORTH CAROLINA, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. ON BRIEF: Anthony Martinez , Federal Public Defender, FEDERAL PUBLIC DEFENDERS OF WESTERN NORTH CAROLINA, Charlotte, North Carolina, for Appellant. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Keenan wrote the majority opinion, in which Chief Judge Gregory, Judge Wilkinson, Judge Motz, Judge King, Judge Wynn, Judge Diaz, Judge Floyd, Judge Thacker, Judge Harris, and Judge Richardson joined. Judge Wilkinson wrote a concurring opinion. Judge Wynn wrote a concurring opinion. Judge Rushing wrote a dissenting opinion, in which Judge Niemeyer, Judge Agee, and Judge Quattlebaum joined.