United States Fourth Circuit

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US v. Gardner, 14-4533

Sentence and conviction of possession of a firearm by a felon, in violation of 18 U.S.C. sections 922(g)(1) and 924, is: 1) affirmed as to the District Court's denial of defendant's motion to suppress the search of his vehicle and his motion for a new trial; and 2) vacated as to sentence where the District Court erred in sentencing him as an armed career criminal because North Carolina common law robbery is not categorically a violent felony.

Appellate Information

  • Decided
  • Published 2016/05/19

Judges

  • KEENAN

Court

  • United States Fourth Circuit

Counsel

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