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UNITED STATES v. KINARD

No. 22-6285.

93 F.4th 213 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Emanuel KINARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 20, 2024.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Anthony J. Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Dena J. King , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Affirmed by published per curiam opinion. Senior Judge Keenan wrote a separate concurring opinion, in which Judge Heytens joined.

The issue in this appeal is whether assault with a dangerous weapon under 18 U.S.C. § 1959(a)(3), in violation of the North Carolina statutory crime of assault with a deadly weapon, N.C. Gen. Stat. § 14-33(c)(1), requires a mens rea sufficiently culpable to qualify as a "crime of violence" under 18 U.S.C. § 924(c). Based on our...

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