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UNITED STATES v. GRAHAM

No. 19-7748.

67 F.4th 218 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Elliott B. GRAHAM, a/k/a Thug, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2023.

Attorney(s) appearing for the Case

ARGUED: Emily Deck Harrill , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. William Jacob Watkins, Jr. , OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. ON BRIEF: Adair F. Boroughs , United States Attorney, Columbia, South Carolina, Katherine Hollingsworth Flynn , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Heytens wrote the opinion, in which Judge Wilkinson and Judge Agee joined. Judge Wilkinson wrote a concurring opinion.

More than 15 years ago, Elliott Graham pleaded guilty to kidnapping and using a firearm during a crime of violence. It is now clear kidnapping is not a crime of violence under the relevant statute, and the three "critical record documents" that govern our analysis do not show Graham's plea to the firearm charge was ...

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