United States Fourth Circuit

In an appeal from a judgment of the district court sentencing defendant to a Section 924(e)(1) enhanced term of imprisonment based on his conviction for being a felon in possession of a handgun, judgment is reversed where, for enhanced sentencing purposes, the correct approach to North Carolina's indecent liberties statute is the categorical approach.

Appellate Information

• Argued 05/11/2011
• Decided 10/11/2011
• Published 10/11/2011

Judges

• Before TRAXLER, Chief Judge, and WILKINSON, NIEMEYER, MOTZ, KING, GREGORY, SHEDD, AGEE, DAVIS, KEENAN, WYNN, and DIAZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Eric Joseph Brignac, Office Of The Federal Public Defender, Raleigh, North Carolina, for Appellant. Clay Campbell Wheeler, Office Of The United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF:Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Office of The Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Jennifer P. May–Parker, Assistant United States Attorney, Office Of The United States Attorney, Raleigh, North Carolina, for Appellee.