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Home / Courts / 4th Circuit / Criminal Practice – Sentencing – PSR ‘Facts’ – Prior Convictions — ACCA (access required)

Criminal Practice – Sentencing – PSR ‘Facts’ – Prior Convictions — ACCA (access required)

U.S. v. BoykinA district court committed plain error when it used the presentence report’s discussion of the circumstances surrounding defendant’s two prior violent-felony convictions to apply an Armed Career Criminal Act enhancement under 18 U.S.C. § 924 when sentencing defendant as a felon in possession of a firearm; the 4th Circuit vacates the sentence and remands for a new sentencing hearing on this issue.

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