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U.S. v. MARSH

No. 18-4609.

944 F.3d 524 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Kirk Russell MARSH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 9, 2019.

Attorney(s) appearing for the Case

ARGUED: James R. Theuer , JAMES R. THEUER, PLLC, Norfolk, Virginia, for Appellant. Aidan Taft Grano , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Katherine L. Wong , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Motion to dismiss appeal granted by published opinion. Judge Harris wrote the opinion, in which Judge Thacker joined. Chief Judge Gregory wrote an opinion concurring in part, dissenting in part, and dissenting in the judgment.

Kirk Russell Marsh pleaded guilty to identity theft and fraud. At sentencing, the district court failed to advise Marsh of his right to appeal, in what Marsh identifies as a violation of Rule 32(j) of the Federal Rules of Criminal Procedure. Marsh ultimately did file an appeal...

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