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Home / Opinion Digests / Criminal Law / Prior Assault Conviction Cannot Be Used To Enhance Sentence (access required)

Prior Assault Conviction Cannot Be Used To Enhance Sentence (access required)

In sentencing defendant for possession of a firearm as a convicted felon, a district court could not use an unincorporated “statement of probable cause” to establish a prior assault conviction as a “crime of violence” in order to enhance defendant’s firearm sentence, and the 4th Circuit vacates the 78-month sentence and remands for resentencing. The district ...

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