United States Fourth Circuit

Guilty plea to drug counts followed by trial, conviction, and sentence for possession of a firearm in furtherance of drug trafficking is vacated as to sentence, as the district court erred in believing that it had no legal authority to grant a two-level reduction in offense level for the drug counts for acceptance of responsibility after defendant went to trial on the firearm charge.

Appellate Information

• Argued 10/27/2006
• Decided 02/23/2007
• Published 02/23/2007

Judges

• Before WILKINS, Chief Judge, and WIDENER and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Elizabeth Maguire, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Appellant.  Michael S. Day, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Acting Federal Public Defender, Richmond, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Peter S. Duffey, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.