No. 19-4904.

60 F.4th 855 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Eugene PETERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 24, 2023.

Attorney(s) appearing for the Case

ARGUED: Paul Geoffrey Gill , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant. Stephen Eugene Anthony , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Reversed, vacated, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Senior Judge Floyd joined. Senior Judge Traxler wrote a dissenting opinion.

Anthony Eugene Peters was indicted on one count of possession of a firearm by a person previously convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). Peters and another individual, Gary Garrison, were walking down a sidewalk when the officers approached them, accused...

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