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UNITED STATES v. SHIVERS

No. 21-4091.

56 F.4th 320 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Shamauri Levon SHIVERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2022.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, 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. Dena J. King , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Agee wrote the opinion in which Judge Harris and Judge Griggsby joined.

Shamauri Shivers appeals his sentence for Hobbs Act robbery, asserting that the district court erred in applying the U.S.S.G. § 3C1.2 sentencing enhancement for reckless endangerment during flight when he discarded a loaded firearm in view of pursuing law enforcement officers. As explained below, we agree with Shivers that...

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