PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-4185

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

DANIEL N. KEMP, SR.,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:19-cr-000149-BO-2)

Argued: September 19, 2023 Decided: December 13, 2023

Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Harris wrote the majority opinion, in which Judge Quattlebaum and Senior Judge Keenan joined. Judge Quattlebaum wrote a concurring opinion. USCA4 Appeal: 21-4185 Doc: 66 Filed: 12/13/2023 Pg: 2 of 28

ARGUED: Daniel Baker McIntyre, III, Charlotte, North Carolina, for Appellant