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U.S. v. BACON

No. 95-5653.

94 F.3d 158 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Brian BACON, a/k/a Brian Hillard, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

ARGUED: Anthony Paul Giorno, Assistant United States Attorney, Roanoke, Virginia, for Appellant. Patrick Campbell Buchanan, Jr., Eric Roland Spencer, P.C., Roanoke, Virginia, for Appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Roanoke, Virginia, for Appellant.

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WILKINS and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

In this appeal, we decide whether a district court must count a prior state conviction that the defendant contends is invalid in evaluating whether he satisfies the criteria for a sentence enhancement as a career offender under the Sentencing Guidelines. See United States Sentencing Guidelines...

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