United States v. Aaron Shell
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by published opinion. Judge HARRIS wrote the majority opinion, in which Senior Judge DAVIS joined. Judge WILKINSON wrote a dissenting opinion.
PAMELA HARRIS, Circuit Judge:
Defendantr-Appellant Aaron Eugene Shell (“Shell”) pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (2012). At sentencing, the district court applied an enhanced base offense level on the ground that Shell’s prior North Carolina conviction for second-degree rape constituted a crime of violence under the U.S. Sentencing Guidelines Manual (“U.S.S.G.” or the…
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