United States Fourth Circuit

Defendant's sentence for reentry into the U.S. following deportation is vacated, where Defendant was not subject to an enhancement under U.S.S.G. section 4A1.1(e) because his state assault conviction had not yet occurred at the time of his federal sentencing.

Appellate Information

• Decided 04/01/2009
• Published 04/01/2009

Judges

• Before SHEDD and AGEE, Circuit Judges, and ARTHUR L. ALARCÓN, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Segal, Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Steven Slawinski, Federal Defenders Of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.