Legal Opinion

United States v. Donald Covington

Court of Appeals for the Fourth Circuit

Decided January 18, 2018No. 17-4120PublishedCited by 25 opinions

1Opinion of the Court

LORETTA COPELAND BIGGS, District Judge:

The government appeals the district court’s determination that the West Virginia criminal offense of unlawful wounding, W. Va. Code § 61-2-9 (a), is not a crime of violence under the force clause of § 4B1.2 of the United States Sentencing Guidelines (the “Guidelines”). For the reasons stated below, we vacate the sentence imposed by the district court and remand for resen-tencing.

I

Donald Covington pleaded guilty to distribution of heroin, in violation of 21 U.S.C. § 841 (a)(1). Covington’s presentence report classified him as a “career offender” under §…

2Cases cited22 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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

3Cited by25 opinions

  1. United States v. Jarnaro MiddletonCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. Roberto Moreno PenaCourt of Appeals for the Fourth Circuit · 2020
  3. United States v. Jimmy AllredCourt of Appeals for the Fourth Circuit · 2019
  4. Conroy Gordon v. William BarrCourt of Appeals for the Fourth Circuit · 2020
  5. United States v. Sonny MackCourt of Appeals for the Fourth Circuit · 2022

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API