United States Fourth Circuit

Sentence on a defendant convicted of drug trafficking and firearm possession is vacated and remanded for resentencing as the district court clearly erred in concluding, on the basis of the record, that defendant's admission of guilt occurred in a judicial proceeding in open court, and as such, certain criminal history points should not have been assessed.

Appellate Information

• Argued 12/04/2009
• Decided 01/20/2010
• Published 01/20/2010

Judges

• Before SHEDD and DUNCAN, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Mark Andrew Jones, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF:Claire J. Rauscher, Executive Director, Cecilia Oseguera, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.