United States v. Davis, No. 11-4495 (4th Cir. 2012)
Annotate this CaseDefendant pled guilty to possession of ammunition by a felon. Defendant had entered a "no-contest" plea to a robbery charge in a prior, related prosecution in state court. On appeal, defendant contended that the district court committed procedural sentencing error because insufficient evidence supported the cross-reference to the robbery guideline. The court concluded that, although the Government could have presented sufficient evidence to support the cross-reference to the robbery guideline, the district court failed to resolve critical disputed issues of fact necessary to its application of the Advisory Sentencing Guidelines and the court's appellate review thereof. Accordingly, the court vacated the judgment and remanded for further proceedings.
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