United States Fourth Circuit

District court's sentence of defendant to 235-month imprisonment on his conviction for being a felon in possession of a firearm is vacated and remanded as the district court erred when it looked to and relied on the Statement of Charges in determining that defendant's Maryland second-degree assault conviction qualified as a violent felony conviction under the Armed Career Criminal Act (ACCA), as the Statement of Charges was not incorporated into the information.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sapna Mirchandani, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant.  Cheryl L. Crumpton, Office Of The United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.