US v. Kendrick Cofield, No. 09-4794 (4th Cir. 2011)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4794 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENDRICK MONTRELL COFIELD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-cr-00048-BO-1) Submitted: September 15, 2011 Decided: September 22, 2011 Before DUNCAN, DAVIS, and KEENAN, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Ann M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kendrick Montrell Cofield appeals his conviction following his conditional guilty plea to possession of a firearm by a convicted felon, 1 in violation of 18 U.S.C. §§ 922(g)(1), 924 (2006). On appeal, Cofield argues that the North Carolina conviction forming the basis for his federal conviction was not punishable by more than one year in prison, and therefore he is not a convicted felon. judgment and remand We agree. with Accordingly, we vacate the directions that the indictment be dismissed. We motion to review dismiss de the novo a district indictment where court s denial of a denial depends on a question of law. United States v. Hatcher, 560 F.3d 222, 224 (4th Cir. 2009). Section 922(g)(1) prohibits the possession of a firearm by any person who has been convicted in any court of, a crime year. punishable by imprisonment for a term exceeding one 18 U.S.C. § 922(g)(1). Cofield was charged and convicted consistent with our decision in United States v. Harp, 406 F.3d 242, 246-47 (4th Cir. 2005). decision in We recently United States overruled v. Harp Simmons, 1 __ with our en banc F.3d __, 2011 WL By entering a conditional guilty plea, Cofield preserved his right to appeal the district court s denial of his motion to dismiss his indictment. 2 3607266, at *3 (4th Cir. Aug. 17, 2011), in which we held that a North Carolina conviction may not be classified as a felony based upon the maximum aggravated sentence that could be imposed upon a repeat offender if eligible for such a sentence. As established by his state the particular defendant was not Simmons, 2011 WL 3607266, at *8. court judgment, Cofield eligible for a sentence that exceeded one year. was not Thus, under Simmons, Cofield s predicate North Carolina conviction was not for a crime punishable by more than one year in prison and thus cannot support his federal indictment. 2 Accordingly, we vacate the judgment and remand with directions that the district court dismiss the indictment. Clerk is directed to issue the mandate forthwith. The We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED 2 We of course do not fault the Government or the district court for their reliance upon, and application of, unambiguous circuit authority at the time of Cofield s indictment and conviction. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
