Legal Opinion · Concurring in part, dissenting in part

United States v. Alvin Drummond

Court of Appeals for the Fourth Circuit

Decided June 5, 2019No. 18-4197Published

1Concurring in part, dissenting in partFloyd, J.

I join parts I and II of this opinion, but because I fundamentally disagree with how the majority reads State v. LaCoste , 347 S.C. 153 , 553 S.E.2d 464 (S.C. Ct. App. 2001), I must dissent as to part III. While South Carolina criminal domestic violence (CDV) may be an odious crime, it is not a violent felony under the ACCA. In holding that it is, I believe the majority misconstrues the reasoning of the South Carolina Court of Appeals in LaCoste . Because I read LaCoste differently, I would hold that South Carolina CDV is not a violent felony under the ACCA, consistent with our opinion in…

2Cases cited8 opinions

  1. United States v. Ezekiel GardnerCourt of Appeals for the Fourth Circuit · 2016
  2. United States v. Garnett HodgeCourt of Appeals for the Fourth Circuit · 2018
  3. United States v. Leroy HemingwayCourt of Appeals for the Fourth Circuit · 2013
  4. State v. MimsSupreme Court of South Carolina · 1985
  5. Arthurs v. Aiken CountyCourt of Appeals of South Carolina · 1999

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