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U.S. v. HAWLEY

No. 18-4167.

919 F.3d 252 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Justin Tyme HAWLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2019.

Attorney(s) appearing for the Case

ARGUED: Jaclyn L. DiLauro , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Diaz joined. Judge Richardson wrote an opinion concurring in part and concurring in the judgment.

Defendant Justin Hawley pleaded guilty to two counts of being a felon in possession of a firearm and two counts of distributing heroin. The district court sentenced him to fifty-seven months' imprisonment, in part because his criminal history included a prior sentence of thirty days' imprisonment for an uncounseled misdemeanor...

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