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Home / Opinion Digests / Criminal Law / 4th Cir.: No late substitute for unconstitutional predicate (access required)

4th Cir.: No late substitute for unconstitutional predicate (access required)

After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by a “substitute” conviction that appeared on his pre-sentence report but was not designated as enhancement-qualifying. Background In 2010, Appellant Garnett Hodge pleaded guilty to possession with intent ...