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UNITED STATES v. BENTON

No. 19-7471.

24 F.4th 309 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Robert BENTON, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2022.

Attorney(s) appearing for the Case

ARGUED: Shari Silver Derrow , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant. Michael Rhett DeHart , OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, Paresh S. Patel , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Peter M. McCoy, Jr. , United States Attorney, John C. Potterfield , Assistant United States Attorney, Robert F. Daley, Jr. , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Reversed, vacated, and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Motz and Judge King joined.

Robert Benton, Jr. was convicted of multiple offenses related to firearms, drug distribution, and witness tampering. For one of those offenses, possession of a firearm by a convicted felon, 18 U.S.C. § 922(g), Benton was sentenced to 30 years' imprisonment under the Armed Career Criminal Act, which applies when...

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