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U.S. v. HODGE

No. 17-6054.

902 F.3d 420 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Garnett Alison HODGE, Defendant-Appellant. Tony Lloyd Johnston, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: August 22, 2018.

Attorney(s) appearing for the Case

ARGUED: John Clark Fischer , RANDOLPH & FISCHER, Winston-Salem, North Carolina, for Appellant. Lisa M. Lorish , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Amicus Curiae. Michael Francis Joseph , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Matthew G.T. Martin , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Larry W. Shelton , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Amicus Curiae.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.

Garnett Alison Hodge received a mandatory sentence enhancement under the Armed Career Criminal Act (ACCA) based on three prior convictions. One of those convictions no longer qualifies as an ACCA predicate in light of Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d...

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