U.S. v. FANCHER

No. 06-4913.

513 F.3d 424 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray FANCHER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 2008.


Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath, Federal Public Defender, Office of the Federal Public Defender, Clarksburg, West Virginia, for Appellant. David .J. Perri, Assistant United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.

Before TRAXLER and KING, Circuit Judges, and BENSON E. LEGG, Chief United States District Judge for the District of Maryland, sitting by designation.


Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge KING and Judge LEGG joined.

OPINION

TRAXLER, Circuit Judge:

Johnny Ray Fancher appeals the 480-month sentence imposed after he pleaded guilty to one count of receiving child pornography. We conclude that the district court did not provide sufficient notice that it was considering an above-Guidelines sentence, and we therefore vacate Fancher's sentence and remand...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases