United States v. Simmons, No. 17-4618 (4th Cir. 2019)
Annotate this CaseThe Fourth Circuit vacated defendant's revocation sentence and remanded for resentencing. In this case, the district court determined that defendant committed the North Carolina offense of assault with a deadly weapon on a government official and four other violations of his release. The court held, however, that defendant's conviction for assault with a deadly weapon on a government official was categorically not a crime of violence and the district court erred by classifying defendant's supervised release violations as a Grade A violation. Therefore, this error anchored defendant's revocation sentence to an improperly calculated Guidelines range.
The court issued a subsequent related opinion or order on March 6, 2019.
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