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U.S. v. COVINGTON

No. 17-4120.

880 F.3d 129 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. Donald COVINGTON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 18, 2018.

Attorney(s) appearing for the Case

ARGUED: Philip Henry Wright , OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellant. Philip Bradley Sword , SHUMAN, McCUSKEY & SLICER, PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Carol A. Casto , United States Attorney, Monica D. Coleman , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellant.

Vacated and remanded by published opinion. Judge Biggs wrote the opinion, in which Judge Traxler and Judge Agee joined.

The government appeals the district court's determination that the West Virginia criminal offense of unlawful wounding, W. Va. Code § 61-2-9(a), is not a crime of violence under the force clause of § 4B1.2 of the United States Sentencing Guidelines (the "Guidelines"). For the reasons stated below...

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