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U.S. v. THORNTON

No. 08-4251.

554 F.3d 443 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Ray THORNTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2009.

Attorney(s) appearing for the Case

ARGUED: Fay Frances Spence, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Jean Barrett Hudson, Office of the United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton, Federal Public Defender, Roanoke, Virginia, for Appellant. Julia C. Dudley, Acting United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Reversed, vacated, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge KING and Judge SHEDD joined.

OPINION

DUNCAN, Circuit Judge:

A jury convicted Michael Ray Thornton of possessing a firearm and body armor in violation of 18 U.S.C. §§ 922(g)(1) and 931. During his sentencing, the district court classified Thornton as an armed career criminal subject to a sentence enhancement based in part on a 1986 statutory rape conviction. At issue on appeal is whether Virginia's statutory rape offense, which makes it a crime to "carnally know[ ], without...

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