United States Fourth Circuit

In a prosecution for possession by a felon of a firearm, district court's imposition of a 92-month sentence instead of the minimum 15-years' imprisonment is vacated and remanded as a North Carolina conviction for breaking and entering under North Carolina General Statutes section 14-54(a) is, as a matter of law, a violent felony within the meaning of ACCA.

Appellate Information

• Decided 12/02/2009
• Published 12/02/2009

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.  Debra Carroll Graves, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.   ON BRIEF:  George E.B. Holding, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.  Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, James E. Todd, Jr., Research and Writing Specialist, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.