United States v. Gary Span
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by published opinion. Senior Judge DAVIS wrote the opinion, in which Judge GREGORY joined. Judge MOTZ wrote a dissenting opinion.
*323DAVIS, Senior Circuit Judge:
The district court sentenced Defendant Gary Span to a mandatory minimum fifteen-year term of imprisonment pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). Span appeals his sentence, arguing that the Shepard-approved documents upon which the district court relied for the ACCA enhancement are fatally ambiguous as to whether he committed his predicate armed robbery offenses on different occasions.…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
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- In re: Grand Jury 2021 SubpoenasCourt of Appeals for the Fourth Circuit · 2023
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