United States v. Romelus Martin

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge DIAZ *487joined. Judge DIAZ wrote a separate concurring opinion. Judge O’GRADY wrote a dissenting opinion.

TRAXLER, Chief Judge:

Romelus Pentroy Martin appeals the 77-month sentence imposed after he pleaded guilty to unlawful possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g)(1). We agree with Martin that the district court erred by increasing his sentence after determining that Martin’s prior conviction for fourth-degree burglary constituted a crime of violence under U.S.S.G.…