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UNITED STATES v. MOSES

No. 21-4067.

23 F.4th 347 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Lenair MOSES, a/k/a Bones, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 19, 2022.

Attorney(s) appearing for the Case

ARGUED: Marshall Hood Ellis , HORNTHAL, RILEY, ELLIS & MALAND, LLP, Elizabeth City, North Carolina, for Appellant. David A. Bragdon , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Norman Acker, III , Acting United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Cullen joined. Judge King wrote a separate opinion dissenting in part and concurring in the judgment.

In this appeal, we determine the enforceability of and the weight to be given the official commentary of the Sentencing Guidelines. And to make that determination, we must consider whether we are required to continue to apply the rules set forth in Stinson v. United States, 508 U.S. 36

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