United States Fourth Circuit

Defendant's sentence for a robbery conviction is reversed where the district court erred by enhancing her sentence, for brandishing a gun during and in relation to a crime of violence, since it failed to make a factual finding that defendant brandished a firearm.

Appellate Information

• Decided 02/28/2005
• Published 02/28/2005

Judges

• Before LUTTIG, TRAXLER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Edmund Loose, Asheville, North Carolina, for Appellant.  Donald David Gast, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee.   ON BRIEF:  Robert J. Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellee.