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UNITED STATES v. MALONE

No. 21-6242.

57 F.4th 167 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Lonnie Edward MALONE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 5, 2023.

Attorney(s) appearing for the Case

ARGUED: Arin Melissa Brenner , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant. Laura Taylor , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: Juval O. Scott , Federal Public Defender, Lisa M. Lorish , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant. Daniel P. Bubar , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Reversed and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King joined. Judge Harris concurred in part and wrote a concurring opinion.

Lonnie Malone was sentenced to 330 months in federal prison for the use of a firearm to facilitate a drug offense in violation of 18 U.S.C. §§ 924(c), 924(c)(1)(B)(i) and for a drug conspiracy in violation of 21 U.S.C. §§ 846, 841(b)(1)(B). After serving eleven years in prison, Malone filed his first motion...

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