United States Fourth Circuit

For purposes of U.S. Sentencing Guidelines Manual section 2K2.1(b)(5), a burglary does qualify as "another felony offense," but where defendant acquires a firearm during a burglary and does not use the firearm or evince any willingness to do so, the sentence enhancement is improper.

Appellate Information

• Decided 07/24/2003
• Published 07/24/2003

Judges

• Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:James Ashford Metcalfe, Assistant United States Attorney, Norfolk, Virginia, for Appellant.  Frances Hemsley Pratt, Research and Writing Attorney, Norfolk, Virginia, for Appellee.   ON BRIEF:  ON BRIEF:Paul J. McNulty, United States Attorney, Norfolk, Virginia, for Appellant.   Frank W. Dunham, Jr., Federal Public Defender, Larry M. Dash, Assistant Federal Public Defender, Norfolk, Virginia, for Appellee.