United States Fourth Circuit

Enhanced sentence based on "career offender" status under the Sentencing Guidelines is affirmed where although assault and battery of a police officer, in violation of Virginia Code section 18.2-57(C), is not categorically a crime of violence, the district court did not commit plain error in reaching a contrary conclusion given the absence of controlling authority and the divergence of opinion among other circuits.

Appellate Information

• Decided 08/13/2013
• Published 08/13/2013

Judges

• Keenan

Court

• United States Fourth Circuit

Counsel