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U.S. v. ROMARY

No. 00-4460.

246 F.3d 339 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Dell Lloyd ROMARY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 10, 2001.

Attorney(s) appearing for the Case

ARGUED: Kenneth Davis Bell, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.

David Ross Lange, Charlotte, North Carolina, for Appellee.

ON BRIEF: Mark T. Calloway, United States Attorney, Brian Lee Whisler, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.

Before NIEMEYER and MICHAEL, Circuit Judges, and JAMES H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published per curiam opinion.

OPINION

PER CURIAM:

This appeal raises the question of whether a particular prior conviction properly was discounted in determining whether the defendant is a career offender under section 4B1.1 of the federal Sentencing Guidelines.

I.

In 1999, the defendant, Dell Romary, pled guilty to two counts of bank robbery. The Presentence Investigation Report ("PSR") for Romary recommended...

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