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U.S. v. DAVIS

No. 11-4495.

679 F.3d 177 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Ricardo DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2012.

Attorney(s) appearing for the Case

ARGUED: James Edward Todd, Jr. , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the majority opinion, in which Judge DIAZ joined. Senior Judge KISER wrote a dissenting opinion.

OPINION

DAVIS, Circuit Judge:

Appellant Eric Ricardo Davis pled guilty to possession of ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1). Davis had entered a "no-contest" plea to a robbery charge in a prior, related prosecution in state court. The pre-sentence investigation report ("PSR") prepared in the instant case determined that a cross-reference to the robbery advisory sentencing guideline was appropriate. After an evidentiary hearing...

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