US v. Bethea, 09-4333
District court's imposition of an enhanced 180-month sentence upon a defendant after determining that he had three prior ACCA-predicate convictions is vacated and remanded where: 1) a conviction under South Carolina's escape statute does not inherently constitute a violent felony; and 2) it cannot be determined whether the defendant's conduct here necessarily violated the statute in a way that would bring him under the ACCA's ambit.
- Argued 03/25/2010
- Decided 04/27/2010
- Published 04/27/2010
- Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.
- United States Fourth Circuit
- For Appellees:
- ARGUED:Michael A. Meetze, Office of the Federal Public Defender, Florence, South Carolina, for Appellant. Carrie Ann Fisher, Office of the United States Attorney, Florence, South Carolina, for Appellee. ON BRIEF:W. Walter Wilkins, United States Attorney, Columbia, South Carolina, Rose Mary Parham, Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina, for Appellee.