United States Fourth Circuit

In a prosecution of a defendant for illegal entry, district court's imposition of a substantial enhancement upon defendant's sentence based on his earlier indecent liberties conviction is reversed as the district court's prefacing a sentencing explanation with obligatory terminology amounts to an impermissible presumption that a Guidelines sentence is appropriate.

Appellate Information

• Argued 01/28/2010
• Decided 03/05/2010
• Published 03/05/2010

Judges

• Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Stephen Clayton Gordon, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF:Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.