United States Fourth Circuit

In grand jury indictment for possession of a firearm by a convicted felon and for possession of body armor by a convicted felon, classification of defendant as armed career criminal under 18 U.S.C. section 924(e) and sentence totaling 204 months is reversed, vacated, and remanded where under Begay v. US, the state's carnal knowledge offense was not sufficiently similar to the enumerated crimes in kind or in degree of risk to constitute a violent felony.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Fourth Circuit

Counsel