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UNITED STATES v. DAVIS

No. 16-7671.

53 F.4th 168 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil McDonald DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Laura Allison Herzog , LATHAM & WATKINS, LLP, Washington, D.C., for Appellant. Aidan Taft Grano-Mickelsen , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Jessica D. Aber , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Senior Judge Floyd joined.

Cecil McDonald Davis filed a motion under 28 U.S.C. § 2255, challenging his 18 U.S.C. § 924(c) conviction for using a destructive device in furtherance of a crime of violence. The district court denied his motion and Davis appealed. Because we conclude that the federal arson statute which served as the predicate for...

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