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UNITED STATES v. McKINNEY

No. 20-6396.

60 F.4th 188 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Donzell Ali McKINNEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2023.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, 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. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Reversed and remanded by published opinion. Senior Judge Motz wrote the opinion, in which Senior Judge Keenan concurred. Judge Wilkinson wrote a dissenting opinion.

In 2012, Donzell Ali McKinney pled guilty to two counts — conspiracy to commit Hobbs Act robbery and a violation of 18 U.S.C. § 924(c) for discharging a firearm during and in relation to that conspiracy. Under subsequent controlling precedent, McKinney now stands convicted of, and imprisoned...

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