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UNITED STATES v. RICE

No. 19-4489.

36 F.4th 578 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Macauthor RICE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 9, 2022.

Attorney(s) appearing for the Case

ARGUED: Megan Coyle Hoffman , 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, William T. Stetzer , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Wilkinson joined. Judge King wrote a dissenting opinion.

We are asked to decide if the North Carolina crime of assault inflicting physical injury by strangulation is a "crime of violence." Ask any person on the street and they would say of course. In fact, they would likely question our common sense for asking such an obvious question. But we must resolve this issue using the...

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