United States v. Vann, No. 09-4298 (4th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to violating 18 U.S.C. 922(g)(1) and 924. On appeal, defendant objected to the district court's application of the section 924(e)(1) sentencing enhancement, asserting that recent Supreme Court and Fourth Circuit decisions undermined the PSR's contention that his previous convictions were for Armed Career Criminal Act (ACCA) violent felonies. A divided panel of the court affirmed defendant's sentence, employing the "modified categorical approach" first announced in Taylor v. United States, for the purpose of analyzing prior offenses to determine whether they constituted ACCA violent felonies. Upon granting defendant's petition for rehearing en banc, the court vacated the panel opinion. When the court considered defendant's charging documents in their proper legal context, the court could not determine that he was convicted of violating N.C. Gen. State 14-202(a)(2). Consequently, defendant's indecent liberties offenses were not ACCA violent felonies.
This opinion or order relates to an opinion or order originally issued on September 24, 2010.
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