United States Fourth Circuit

Sentence following guilty plea to being felon in possession of a firearm is vacated where the record does not reflect that the government made a motion under 18 U.S.C. section 3553(e), and thus, a sentence below the statutory mandatory minimum was not permitted.

Appellate Information

• Argued 05/25/2006
• Decided 06/14/2006
• Published 06/14/2006

Judges

• Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christopher John Romano, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant.  Denise Charlotte Barrett, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellee.   ON BRIEF:  Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellant.  James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellee.