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Home / Opinion Digests / Criminal Law / NC Second-Degree Rape Not ‘Violent Crime’ (access required)

NC Second-Degree Rape Not ‘Violent Crime’ (access required)

A district court erred in enhancing defendant’s firearm possession sentence for his prior North Carolina conviction of second-degree rape as a “violent crime,” and for driving recklessly while fleeing a law enforcement officer, when evidence indicated he did not know he was being pursued; the 4th Circuit vacates defendant’s 57-month sentence and remands for resentencing. Defendant ...

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