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U.S. v. MARTIN

No. 12-5001.

753 F.3d 485 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Romelus Pentroy MARTIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 5, 2014.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Paul Nitze , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge DIAZ joined. Judge DIAZ wrote a separate concurring opinion. Judge O'GRADY wrote a dissenting opinion.

TRAXLER, Chief Judge:

Romelus Pentroy Martin appeals the 77-month sentence imposed after he pleaded guilty to unlawful possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g)(1). We agree with Martin that the district court erred by increasing his sentence after determining that Martin's prior conviction for fourth-degree burglary constituted a crime of violence under U.S.S.G. § 2K2.1(a)(2), and we therefore vacate Martin's sentence and...

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