United States Fourth Circuit

Sentence for illegal reentry is vacated and remanded where the district court erred in the wake of the Supreme Court's decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), by enhancing defendant's sentence for having previously been removed subsequent to an "aggravated felony" conviction.

Appellate Information

• Argued 02/01/2008
• Decided 04/10/2008
• Published 04/10/2008

Judges

• Before MOTZ, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Matthew R. Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF:Raquel K. Wilson, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.