Sentence vacated and reversed in conviction for being a felon in possession of a firearm

US v. Clay, 09-4572, concerned a challenge to the district court’s imposition of a 60-month sentence, in a conviction of defendant for being a felon in possession of a firearm.  In vacating the sentence, the court remanded the case for resentencing as the district court erred in calculating defendant’s sentencing range under the Guidelines by counting his conviction for felony escape under Georgia law as a “crime of violence” under U.S.S.G. section 2K2.1(a)(4)(A) as the term “crime of violence” is defined by U.S.S.G. section 4B1.2(a).

 

Related Link:

  • Read the Fourth Circuit’s Full Decision in US v. Clay, 09-4572

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