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Criminal Practice — Prior Va. Convictions Support ACCA Sentence
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 firearm possession conviction; his three prior convictions under Va. Code § 18.2-55, for knowing and […]
Criminal Practice – Va. Robbery Not ACCA ‘Violent Felony’
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 as a violent felony under the ACCA’s force clause; defendant still may be subject to […]
Criminal Practice – Same Sentence Would Apply, Without 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 counts of possession of a firearm and ammunition by a convicted felon, based on his […]
Criminal Practice – ACCA Applies Despite Lower Sentences
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 18 U.S.C. § 922(g)(1) under the Armed Career Criminal Act based on defendant’s three prior […]
Criminal Practice — ACCA Sentence Vacated on § 2255 Motion
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 a felon in possession of a firearm may challenge on collateral review a Simmons sentencing […]
Criminal Practice — State Docs Don’t Support ACCA Sentence
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 government failed to prove by a preponderance of the evidence that defendant’s prior felonies were […]
Criminal – Sentencing – ACCA – B&Es – Violent Felonies
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.
Criminal – Sentencing – ACCA – ‘Fleeing or Eluding’ – Violent Felony
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.
Criminal Practice – Sentencing – PSR ‘Facts’ – Prior Convictions — ACCA
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 senten[...]
Criminal Practice – ACCA – Prior Convictions – ‘Building’ B&Es
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 resente[...]
Criminal Practice – Sentencing – ACCA – Plea Colloquy
U.S. v. Taylor Although a defendant says he did not personally affirm a prosecutor’s account of defendant’s encounter with police officers when he pleaded guilty to an earlier assault charge, the district court, in sentencing defendant on a later firearm charge, can find the assault was a “violent felony” and sentence defendant to a mandatory minimum 15-year sentence under the ACC[...]
Criminal Practice – Sentencing – ACCA – Indecent Liberties — Vacated
U.S. v. Vann The en banc 4th Circuit vacates a 15-year sentence under the Armed Career Criminal Act, imposed on a defendant who pleaded guilty to handgun possession, as the per curiam majority finds it cannot determine from state court charging documents that defendant was convicted under subsection (a)(2) of North Carolina’s Indecent Liberties Statute.
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
