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UNITED STATES v. ELLIS

No. 19-4159.

984 F.3d 1092 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Dale ELLIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2021.

Attorney(s) appearing for the Case

ARGUED: Melissa Susanne Baldwin , 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 and vacated and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Floyd and Judge Quattlebaum joined. Judge Quattlebaum wrote a concurring opinion.

Robert Ellis has been in and out of federal prison since 2013. Mr. Ellis initially served fifteen months in prison for failing to register as a sex offender. Afterwards, he struggled to comply with the conditions of his supervised release. As a result of his violations, Mr. Ellis served additional prison terms of ten months...

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