United States v. Gary Duane Godwin

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge THORNBURG joined.

OPINION

TRAXLER, Circuit Judge:

Gary Duane Godwin appeals the sentence imposed after he pleaded guilty to a charge of harboring a fugitive. See 18 U.S.C.A. § 1071 (West 2000). We vacate Godwin’s sentence and remand for resen-tencing.

I

In February 1999, Durham police officers and federal agents visited Godwin’s house in search of Harry Arliss Jordan, a fugitive with an outstanding arrest warrant for unlawful possession of a firearm. See 18 U.S.C.A. § 922(g)(1) (West 2000).…