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Legal Opinion

United States v. Blain Salmons, Jr.

Court of Appeals for the Fourth Circuit

Decided October 12, 2017No. 16-4316PublishedCited by 19 opinions

1Opinion of the Court

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and Judge Diaz joined.

WILKINSON, Circuit Judge:

Is the West Virginia crime of aggravated robbery, W. Va. Code § 61-2-12 (1961), a predicate crime of violence under the force clause of U.S.S.G. § 4B1.2? The district court held that it was categorically violent, and we affirm its judgment.

I

Blain Salmons Jr. pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). This crime carries a base offense leyel'of 14, see U.S.S.G. § 2K2.1(a)(6)(A), unless the defendant has a…

2Cases cited15 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  4. United States v. James McNealCourt of Appeals for the Fourth Circuit · 2016
  5. United States v. Ezekiel GardnerCourt of Appeals for the Fourth Circuit · 2016

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3Cited by19 opinions

  1. United States v. Taison McCollumCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. Donald CovingtonCourt of Appeals for the Fourth Circuit · 2018
  3. United States v. Tomonta SimmonsCourt of Appeals for the Fourth Circuit · 2019
  4. United States v. Frankie Doctor, Sr.Court of Appeals for the Fourth Circuit · 2020
  5. United States v. John ProctorCourt of Appeals for the Fourth Circuit · 2022

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