Legal Opinion

United States v. McFalls

Court of Appeals for the Sixth Circuit

Decided January 28, 2010No. 08-5839PublishedCited by 40 opinions

1Opinion of the Court

OPINION

ROGERS, Circuit Judge.

Robby McFalls appeals his classification as a career offender under U.S.S.G. § 4B1.1, based on his prior convictions in South Carolina for four counts of second degree burglary of a dwelling and one count of assault and battery of a high and aggravated nature. McFalls argues on appeal that his four convictions for burglary, sentenced on the same day, should be counted as a single sentence for criminal history purposes. He also argues that conviction under South Carolina’s second degree burglary statute does not categorically qualify as a crime of violence because…

2Cases cited22 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. United States v. CottonSupreme Court of the United States · 2002
  4. Begay v. United StatesSupreme Court of the United States · 2008
  5. James v. United StatesSupreme Court of the United States · 2007

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

3Cited by40 opinions

  1. United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. Le' Ardrus BurrisCourt of Appeals for the Sixth Circuit · 2019
  3. United States v. McMurrayCourt of Appeals for the Sixth Circuit · 2011
  4. United States v. Eric VerwiebeCourt of Appeals for the Sixth Circuit · 2017
  5. United States v. Rede-MendezCourt of Appeals for the Sixth Circuit · 2012

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

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