United States v. Rumley, No. 19-4412 (4th Cir. 2020)Annotate this Case
The Fourth Circuit affirmed defendant's sentence as an armed career criminal subject to a mandatory minimum sentence of 15 years in prison. On appeal, defendant argued that reliance in his 2019 sentencing on a prior conviction that had not been designated as an Armed Career Criminal Act (ACCA) predicate in his 2008 presentence report violated United States v. Hodge, 902 F.3d 420 (4th Cir. 2018).
The court held that Hodge was not controlling in this case, because Hodge is grounded on the defendant's lack of notice and opportunity to contest an ACCA predicate identified for the first time during a collateral proceeding. In this case, defendant had both notice and a meaningful opportunity to challenge the designated predicate convictions prior to the resentencing hearing. The court also held that the district court did not clearly err in finding that, taken together, the documents demonstrated that defendant was in fact convicted of unlawful wounding in 1979. Furthermore, a conviction of Virginia Code 18.2-51 is a violent felony for the purpose of applying ACCA's sentencing enhancement, as it involves the use of physical force required by 18 U.S.C. 924(e)(2)(B)(i).