United States Fourth Circuit

Defendant's sentence for felonious possession of a firearm is vacated where the sentencing court's application of a crime of violence enhancement was error under US v. Booker, 125 S.Ct. 738 (2005).

Appellate Information

• Decided 04/15/2005
• Published 04/15/2005

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jonathan David Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.  Joshua Clarke Hanks, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.   ON BRIEF:Mary Lou Newberger, Federal Public Defender, Edward H. Weis, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant.  Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.