Legal Opinion
United States v. Martinez-Melgar
Court of Appeals for the Fourth Circuit
Decided January 20, 2010No. 08-4569PublishedCited by 35 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Senior Judge ELLIS wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.
OPINION
ELLIS, Senior District Judge:
Appellant, convicted on charges of drug trafficking and possession of a firearm during and in relation to the drug trafficking conviction, challenges his sentence as procedurally infirm. He claims the district court erroneously counted disposition by a state drug court supervision program as a “prior sentence” within the meaning of U.S.S.G. §§ 4A1.1 and 4A1.2. We agree, and therefore vacate the sentence and remand for resentencing.
I
On…
2Cases cited10 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Eric A. Brice v. Virginia Beach Correctional Center Frank Drew, Sheriff John Nieves, Deputy Sheriff, and City of Virginia BeachCourt of Appeals for the Fourth Circuit · 1995
- United States v. Brian A. Moreland, United States of America v. Brian A. MorelandCourt of Appeals for the Fourth Circuit · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Sherwin ArchieCourt of Appeals for the Fourth Circuit · 2014
- United States v. Walter WoodenCourt of Appeals for the Fourth Circuit · 2012
- United States v. Gary SpanCourt of Appeals for the Fourth Circuit · 2015
- United States v. Quentin FerebeeCourt of Appeals for the Fourth Circuit · 2020
- United States v. George FowlerCourt of Appeals for the Fourth Circuit · 2023
30 more not listed; retrieve them via the Exa API.