Legal Opinion

United States v. Brian Berry

Court of Appeals for the Fourth Circuit

Decided February 19, 2016No. 14-4934PublishedCited by 29 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge WILKINSON and Judge KING joined.

WYNN, Circuit Judge:

Defendant Brian Keith Berry was convicted of a sex offense in state court and obligated to register under the federal Sex Offender Registration and Notification Act, also known as SORNA. Defendant failed to register as required and pled guilty to violating 18 U.S.C. § 2250(a).

At sentencing, the district court calculated Defendant’s United States Sentencing Guidelines (“Guidelines”) range as if he were a tier III sex offender. Defendant challenges that…

2Cases cited19 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Moncrieffe v. HolderSupreme Court of the United States · 2013

14 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. United States v. Thomas Faulls, Sr.Court of Appeals for the Fourth Circuit · 2016
  2. United States v. Timothy RitchieCourt of Appeals for the Fourth Circuit · 2017
  3. United States v. Johnny EscalanteCourt of Appeals for the Fifth Circuit · 2019
  4. United States v. Alton YoungCourt of Appeals for the Fifth Circuit · 2017
  5. United States v. Trevon BarcusCourt of Appeals for the Sixth Circuit · 2018

24 more not listed; retrieve them via the Exa API.

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