United States v. Simmons

Rehearing en banc granted, March 18, 2011 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v. JASON EDWARD SIMMONS, Defendant-Appellant.  No. 08-4475 NORTH CAROLINA ADVOCATES FOR JUSTICE, Amicus Supporting Appellant.  On Remand from the Supreme Court of the United States. (S. Ct. No. 09-676) Argued: December 8, 2010 Decided: February 16, 2011 Before Sandra Day O’CONNOR, Associate Justice (Retired), Supreme Court of the United States, sitting by designation, and DUNCAN and AGEE, Circuit Judges. Affirmed by published opinion.…