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U.S. v. ALLEN

No. 04-4088.

450 F.3d 565 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Daniel ALLEN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 2006.

Attorney(s) appearing for the Case

ARGUED: Christopher John Romano, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Denise Charlotte Barrett, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellee.

Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

HAMILTON, Senior Circuit Judge:

The government appeals the sixty-three month sentence imposed by the district court following the guilty plea of the defendant, Richard Allen, to the charge of being a felon in possession of a firearm, 18 U.S.C. § 922(g). For the...

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