U.S. v. THOMPSON

No. 09-4247.

595 F.3d 544 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Glen THOMPSON, a/k/a Barry G. Thompson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2010.


Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Monica Kaminski Schwartz, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, Lex A. Coleman, Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote a dissenting opinion.


OPINION

GREGORY, Circuit Judge:

The defendant, Barry Glen Thompson ("Thompson"), challenges the district court's revoking his supervised release and sentencing him to eighteen-months imprisonment. Thompson claims the district court's failure to explain its chosen sentence was plainly unreasonable. We agree, vacate Thompson's sentence, and remand for a new sentencing hearing.

I.

On January 20, 2009...

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