UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Herbert HENRIQUEZ, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 28, 2014.
Decided: June 27, 2014.
Attorney(s) appearing for the Case
ARGUED: Paresh S. Patel , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Kelly O. Hayes , Office of the United States Attorney, Greenbelt, 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. Judge WYNN wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge MOTZ wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
WYNN, Circuit Judge:
Under the United States Sentencing Guidelines, judges may increase the sentences of defendants previously convicted of violent crimes. Generic burglary has been deemed a crime of violence sufficient to support such an enhanced sentence. At issue in this case is whether first degree burglary in Maryland constitutes a generic burglary, i.e., a crime of violence that can support a sentence enhancement under...
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