United States Fourth Circuit

Defendant's sentence of 46 months imprisonment, imposed as a result of his conviction for illegal reentry into the United States after being previously removed is vacated and remanded for resentencing, where: 1) the district court erred by employing the modified categorical approach to determine that defendant's prior conviction for assault and battery of a high and aggravated nature under South Carolina law was a "crime of violence" for purposes of the 16-level enhancement authorized by the Sentencing Guidelines; and 2) the error was not harmless.

Appellate Information

• Decided 11/26/2013
• Published 11/26/2013

Judges

• THACKER

Court

• United States Fourth Circuit

Counsel