United States Fourth Circuit

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US v. Alston, 09-4375

In a prosecution of a defendant for being a felon in possession of a firearm, district court's imposition of an enhanced sentence based on a prior conviction is vacated and remanded as, defendant's Alford plea to a second-degree assault did not necessarily rest on facts establishing his participation in a type of assault that qualifies as a violent felony.

Appellate Information

  • Argued 03/25/2010
  • Submitted 07/02/2010
  • Decided 07/02/2010
  • Published 07/02/2010


  • <a href="http://pview.findlaw.com/view/2492068_1">NIEMEYER</a>


  • United States Fourth Circuit


  • For Appellant:
  • Meghan Suzanne Skelton, George Jarrod Hazel