United States v. Fancher

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge KING and Judge LEGG joined.

OPINION

TRAXLER, Circuit Judge:

Johnny Ray Fancher appeals the 480-month sentence imposed after he pleaded guilty to one count of receiving child pornography. We conclude that the district court did not provide sufficient notice that it was considering an above-Guidelines sentence, and we therefore vacate Fancher’s sentence and remand for re-sentencing.

I

A nine-year-old girl reported to a West Virginia state trooper and a social services caseworker that Fancher, who drove a van…