United States Fourth Circuit

Defendant's sentence for unlawfully reentering the United States, which the district court enhanced based on defendant's prior conviction of first degree burglary in Maryland, is vacated and remanded for resentencing, where: 1) a first degree burglary in Maryland does not constitutes a generic burglary, i.e., a crime of violence that can support a sentence enhancement under United States Sentencing Guidelines; and 2) the district court erred by applying that enhancement.

Appellate Information

• Decided 06/27/2014
• Published 06/27/2014

Judges

• WYNN

Court

• United States Fourth Circuit

Counsel