United States v. Barlow, No. 15-4114 (4th Cir. 2015)
Annotate this CaseDefendant appealed his sentence after pleading guilty to one count of possession of a firearm as a felon. Defendant received an enhanced 15 year sentence as an armed career criminal under 18 U.S.C. 922(g)(1) and 924(e). After defendant's sentencing, the Supreme Court issued its opinion in Johnson v. United States. In light of Johnson, defendant's two North Carolina state convictions for Felony Speeding to elude Arrest no longer constitute valid Armed Career Criminal Act, 18 U.S.C. 924(e), predicates. Each of defendant's convictions, for which he faced a 19 month term of imprisonment, qualifies as a prior felony conviction under 18 U.S.C. 922(g)(1). Accordingly, the court affirmed in part, reversed in part, and remanded for resentencing.
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