United States Fourth Circuit

Conviction and sentence based on guilty plea to being a felon in possession of firearms are affirmed over claim that defendant should not have been classified as an armed career criminal, as the circumstances of his case involved nothing more than a walkaway from a work release program and as his escape conviction was under a Virginia law titled "Escape without force or violence."

Appellate Information

• Argued 01/31/2007
• Decided 04/13/2007
• Published 04/13/2007

Judges

• Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Rudolph Alexander Ashton, III, McCotter, Ashton & Smith, P.A., New Bern, North Carolina, for Appellant.  John Stuart Bruce, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.