United States v. Carthorne, Sr., No. 11-4870 (4th Cir. 2013)
Annotate this CaseDefendant pled guilty to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime. On appeal, defendant challenged the district court's application of the career offender enhancement, holding that his prior Virginia conviction categorically qualified as a crime of violence and constituted a predicate offense for the enhancement. The court held that a conviction under Virginia Code 18.2-57(C) for assault and battery of a police officer was not categorically a crime of violence because the offense of assault and battery referenced in that statute was defined by the common law, the elements of which did not substantiate a serious potential risk of injury in the usual case. However, the district court did not commit plain error in reaching a contrary conclusion, given the absence of controlling authority and the divergence of opinion among other circuits. Accordingly, the court affirmed the judgment of the district court.
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