United States Fourth Circuit

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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.

Appellate Information

  • Argued 03/25/2010
  • Decided 04/27/2010
  • Published 04/27/2010

Judges

  • Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • 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.