United States Fourth Circuit

In a prosecution in which the defendant pled guilty to possession of ammunition by a felon, the sentence is vacated and the case remanded, where: 1) the defendant's "no contest" plea to common law robbery could not alone provide the necessary evidentiary basis to support application of the robbery cross-reference in computing the advisory sentencing guideline range; and 2) remand was necessary because the district court failed to resolve critical disputed issues of fact necessary to its application of the guidelines and appellate review thereof.

Appellate Information

• Decided 05/09/2012
• Published 05/09/2012

Judges

• Davis

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• James Edward Todd, Jr., Kristine L. Fritz