US v. Gary Starkie

Filing

Case reopened upon grant of rehearing. Originating case number: 5:13-cr-00128-FL-1. [14-4782]

Appeal: 14-4782

Doc: 40

Filed: 09/01/2015

Pg: 1 of 2

FILED: September 1, 2015
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4782
(5:13-cr-00128-FL-1)
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARY STARKIE,
Defendant - Appellant.

O R D E R

Gary Starkie has filed a petition for panel rehearing or
rehearing en banc challenging his conviction and sentence under
the

Armed

(2012),

in

Career
light

Criminal
of

the

Act

(“ACCA”),

Supreme

Court’s

18

U.S.C.

recent

United States v. Johnson, 135 S. Ct. 2551 (2015).

§

924(e)

decision

in

We grant the

petition for panel rehearing and direct the parties to submit
supplemental briefs addressing whether, in light of Johnson, the
district court committed reversible error by classifying Starkie
as an armed career criminal under the ACCA.

Appeal: 14-4782

Doc: 40

Filed: 09/01/2015

Pg: 2 of 2

By separate order, the Clerk will establish an appropriate
briefing schedule.
Entered at the direction of the panel: Judge Motz, Judge
King, and Senior Judge Hamilton.
For the Court
/s/ Patricia S. Connor, Clerk

2