United States Fourth Circuit

District court's sentencing of a defendant convicted of being a felon in possession of a firearm, as an armed career criminal under the ACCA, is reversed as, in light of Chambers v. US, __ U.S. __, 129 S.Ct. 687 (2009), under no circumstances is a violation of South Carolina's blue light statute a violent felony under the ACCA.

Appellate Information

• Argued 12/02/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Mary Gordon Baker, Office of the Federal Public Defender, Charleston, South Carolina, for Appellant. Robert Frank Daley, Jr., Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF:W. Walter Wilkins, United States Attorney, Columbia, South Carolina, Eric J. Klumb, Assistant United States Attorney, Office of the United States attorney, Charleston, South Carolina, for Appellee.