United States v. Johnson, No. 18-4459 (4th Cir. 2019)Annotate this Case
Defendant was convicted of unlawful possession of a firearm by a convicted felon and sentenced to 51 months in prison. The Fourth Circuit affirmed defendant's conviction, holding that the district court's failure to give a limiting instruction sua sponte and its decision to permit the government to cross-examine defendant did not constitute plain error.
However, the court vacated defendant's sentence, holding that defendant's prior conviction for robbery under Maryland law was a violent felony under the force clause of the Armed Career Criminal Act (ACCA). The court also held that Maryland possession with intent to distribute constitutes a controlled substance offense under the sentencing guidelines. Because the district court erred in holding otherwise, the court remanded for resentencing.