U.S. v. Reid (Lawyers Weekly No. 001-148-17, 11 pp.) (Niemeyer, J.) No. 16-4325, June 28, 2017; USDC at Charlotte, N.C. (Cogburn, J.) 4th Cir. Holding: The 4th Circuit upholds defendant’s sentence enhanced under the Armed Career Criminal Act, on a ...

Tagged with: ACCA force clause

U.S. v. Winston (Lawyers Weekly No. 001-068-17, 17 pp.) (Keenan, J.) No. 16-7252, March 13, 2017; USDC at Charlottesville, Va. (Moon, J.) 4th Cir. Holding: The 4th Circuit vacates a district court decision holding that Virginia common law robbery qualifies ...

Tagged with: ACCA

U.S. v. McDonald (Lawyers Weekly No. 001-065-17, 10 pp.) (Traxler, J.) No. 15-4682, March 9, 2017; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: The 4th Circuit affirms a 188-month sentence for a defendant who pleaded guilty to four ...

Tagged with: ACCA

U.S. v. Sellers (Lawyers Weekly No. 15-01-1074, 17 pp.) (Shedd, J.) No. 14-4568, Nov. 18, 2015; USDC at Florence, S.C. (Harwell, J.) 4th Cir. Holding: A trial court did not err in enhancing defendant’s sentence for illegal firearm possession under ...

Tagged with: ACCA

U.S. v. Newbold (Lawyer Weekly No. 15-01-0682, 22 pp.) (Gregory, J.) No. 10-6929, June 30, 2015; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: On remand from the U.S. Supreme Court, the 4th Circuit says a petitioner convicted as ...

Tagged with: ACCA sentencing

U.S. v. Span (Lawyers Weekly No. 15-01-0576, 34 pp.) (Davis, J.) No. 14-4655, June 8, 2015; USDC at Charlotte, N.C. (Cogburn, J.) 4th Cir. Holding: The 4th Circuit vacates a sentence enhanced under the Armed Career Criminal Act because the ...

Tagged with: ACCA sentencing

U.S. v. Foster The 4th Circuit denies rehearing en banc in this case in which the panel majority held that a defendant’s prior convictions for breaking and entering “Corner Market” and the “Sunrise-Sunset Restaurant” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, and remanded for resentencing.

Tagged with: ACCA Criminal sentencing

U.S. v. Hudson A defendant’s “fleeing or eluding” conviction under Florida law is a violent felony that allows defendant to be sentenced under the Armed Career Criminal Act on a weapon possession charge, the 4th Circuit says.

Tagged with: ACCA Criminal sentencing

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.

Tagged with: ACCA Criminal Practice Prior Convictions sentencing

U.S. v. Foster A defendant’s prior convictions for breaking and entering a restaurant and a “Corner Market” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, contrary to the district court decision, and the 4th Circuit vacates defendant’s sentence for possession of a firearm as a convicted felon and remands for resentencing.

Tagged with: ACCA Criminal Practice Prior Convictions