United States Fourth Circuit

Defendant's conviction for possession of a firearm while a convicted felon, is affirmed, as any error in failing to appoint substitute counsel at the time defendant requested was harmless, and defendant has not established that a Brady violation occurred or that he is entitled to a new trial. However, district court's imposition of a term of life imprisonment is reversed and remanded for resentencing, as the district court erred in applying the murder cross-reference provision in U.S.S.G. section 2K2.1(c)(1) and in treating as relevant conduct a murder that occurred during the course of an unrelated and uncharged offense.

Appellate Information

• Decided 08/30/2012
• Published 08/30/2012

Judges

• Agee

Court

• United States Fourth Circuit

Counsel