United States Fourth Circuit

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US v. Boykin, 11-4061

In a challenge to the use of a presentence report to determine the circumstances surrounding two prior violent-felony convictions for sentencing purposes, the sentence is vacated, where it was plain error for the district court to use the report's recitation of the facts to determine that the defendant's convictions occurred on different occasions without having first satisfied itself that the report bore "the earmarks of derivation from Shepard-approved sources."

Appellate Information

  • Decided 02/28/2012
  • Published 02/28/2012

Judges

  • Gregory

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Stephen Clayton Gordon, Kristine L. Fritz