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UNITED STATES v. HOPE

No. 20-4420.

28 F.4th 487 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Soterio Lamar HOPE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 9, 2022.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Thomas Ernest Booth , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Jill E.M. HaLevi , MEDIATION & LEGAL SERVICES, LLC, Charleston, South Carolina, for Appellant. Nicholas L. McQuaid , Acting Assistant Attorney General, Robert A. Zink , Acting Deputy Assistant Attorney General, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; M. Rhett DeHart , Acting United States Attorney, Kathleen M. Stoughton , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn joined. Judge Thacker wrote a dissenting opinion.

Hope pled guilty to one count of knowingly possessing a firearm and ammunition. J.A. 36. During sentencing, the United States Probation Office completed a presentence report ("PSR") determining that Hope qualified for a mandatory minimum sentence under the Armed Career Criminal Act ("ACCA"), based on three prior South Carolina...

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