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U.S. v. HOBBS

Nos. 97-4393, 97-4440.

136 F.3d 384 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph Randall HOBBS, Jr., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Joseph Randall HOBBS, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 18, 1998.

Attorney(s) appearing for the Case

ARGUED: Steven Randall Ramseyer, Asst. U.S. Atty. Roanoke, VA, for Appellant. Nancy C. Dickenson, Lebanon, VA, for Appellee. ON BRIEF: Robert P. Crouch, Jr., U.S. Atty., Roanoke, VA, for Appellant.

Before WILKINSON, Chief Judge, ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and vacated and remanded in part by published opinion. Judge ELLIS wrote the opinion, in which Chief Judge WILKINSON and Senior Judge MERHIGE joined.

OPINION

ELLIS, District Judge:

A jury convicted Joseph Randall Hobbs of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court declined to apply the enhanced...

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