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UNITED STATES v. NELSON

No. 21-4250.

37 F.4th 962 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Eugene NELSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2022.

Attorney(s) appearing for the Case

Stephen J. van Stempvoort , MILLER JOHNSON, Grand Rapids, Michigan, for Appellant. Andrew Dayne Isabell , OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia, for Appellee. ON BRIEF: Lisa G. Johnston , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Wynn and Judge Rushing joined.

Upon revocation of a term of supervised release, Keith Eugene Nelson was sentenced to what the district court believed was a mandatory minimum term of five additional years of supervised release. On appeal, he argues for the first time that the district court was mistaken, and that the statute governing his revocation...

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