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UNITED STATES v. PETTIES

No. 21-4332.

42 F.4th 388 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Shelby Sherrod PETTIES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2022.

Attorney(s) appearing for the Case

ARGUED: Jennifer Claire Leisten, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Lucy Partain Brown, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. G. Norman Acker, III, Acting United States Attorney, David A. Bragdon, Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Harris wrote the opinion, in which Judge Motz and Judge Quattlebaum joined.

This appeal turns on a plea agreement between the defendant, Shelby Sherrod Petties, and the government. In that agreement, the government promised to dismiss two of the three counts on which Petties had been indicted. In exchange, Petties agreed to plead guilty to the remaining count: committing a crime of violence...

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