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UNITED STATES v. GARNER

No. 21-30260.

28 F.4th 678 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Kinte Vaness GARNER, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED March 21, 2022.

Attorney(s) appearing for the Case

Thomas Forrest Phillips , Camille Ann Domingue , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Plaintiff-Appellee.

Betty Lee Marak, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Middle & Western Districts of Louisiana, Shreveport, LA, for Defendant-Appellant.

Before Barksdale, Stewart, and Dennis, Circuit Judges.

Kinte Garner Jr. pleaded guilty to one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g). Garner's presentence investigation report (PSR) deemed his prior conviction for aggravated assault with a firearm under Louisiana state law, La. R.S. 14:37.4, a "crime of violence." Garner objected, citing a recent decision...

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