Legal Opinion
United States v. Spence
Court of Appeals for the Fourth Circuit
Decided November 21, 2011No. 10-4184PublishedCited by 29 opinions
1Opinion of the Court
Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge KING and Judge DAVIS joined.
OPINION
KEENAN, Circuit Judge:
In this appeal, we consider whether Troy Spence’s sentence for possession of child pornography, a violation of 18 U.S.C. § 2252A(a)(5)(B), was properly enhanced as provided in 18 U.S.C. § 2252A(b)(2) based on his prior conviction under South Carolina common law for assault and battery of a high and aggravated nature (ABHAN). The sentencing enhancement at issue applies when a defendant has a prior conviction under certain federal statutes or a prior conviction…
2Cases cited16 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Johnson v. United StatesSupreme Court of the United States · 2010
- Chambers v. United StatesSupreme Court of the United States · 2009
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. Thomas Faulls, Sr.Court of Appeals for the Fourth Circuit · 2016
- United States v. KingCourt of Appeals for the Fourth Circuit · 2012
- United States v. Mirna GomezCourt of Appeals for the Fourth Circuit · 2012
- United States v. BeardsleyCourt of Appeals for the Second Circuit · 2012
- United States v. Leroy HemingwayCourt of Appeals for the Fourth Circuit · 2013
24 more not listed; retrieve them via the Exa API.