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U.S. v. THOMPSON

No. 08-4994.

588 F.3d 197 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Jerome THOMPSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Debra Carroll Graves, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, James E. Todd, Jr., Research and Writing Specialist, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.

Vacated and remanded for resentencing by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge JONES joined.

OPINION

NIEMEYER, Circuit Judge:

Michael Jerome Thompson pleaded guilty to possession by a felon of a firearm, in violation of 18 U.S.C. § 922(g)(1). In sentencing Thompson, the district court rejected the government's contention that Thompson's six prior convictions for "breaking or entering," in violation of North Carolina General Statutes § 14-54(a), were "violent felonies" under the Armed Career Criminal...

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