United States Fourth Circuit

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US v. Carthorne, 11-4870

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

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