Legal Opinion · Concurring in part, dissenting in part

United States v. Vann

Court of Appeals for the Fourth Circuit

Decided October 11, 2011No. 09-4298APublished

1Concurring in part, dissenting in partNiemeyer, Circuit Judge

This case presents the question whether Torrell Vann’s sentence for possessing a firearm in violation of 18 U.S.C. § 922(g) was properly enhanced under ACCA for his three previous convictions under the North Carolina indecent liberties statute, N.C. Gen.Stat. § 14-202.1. More specifically, we must determine whether each of Vann’s three previous convictions constitutes a “violent felony,” as that term is used in 18 U.S.C. § 924(e)(2).

The district court concluded that Vann’s three previous convictions under the North Carolina indecent liberties statute constituted violent felonies and…

2Cases cited52 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Tennessee v. GarnerSupreme Court of the United States · 1985
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. United States v. BroceSupreme Court of the United States · 1989

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