United States v. Tomonta Simmons
Court of Appeals for the Fourth Circuit
Vacated and remanded by published opinion. Chief Judge Gregory authored the opinion, in which Judge Duncan and Judge Diaz joined. Judge Duncan wrote a concurring opinion.
1Opinion of the Court
GREGORY, Chief Judge:
Appellant Tomonta Simmons had his supervised release revoked and was sentenced to 36 months' imprisonment after the district court determined that he committed the North Carolina offense of assault with a deadly weapon on a government official ("AWDWOGO") and four other violations of his release. Simmons's revocation sentence was predicated on the district court's determination that AWDWOGO is a "crime of violence" under the 2016 Sentencing Guidelines and, thus, a Grade A supervised release violation. Because we conclude that AWDWOGO is categorically not a "crime of…
2Cases cited32 opinions
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