Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Covington

United States Court of Appeals, Fourth Circuit

January 18, 2018

UNITED STATES OF AMERICA, Plaintiff - Appellant,
v.
DONALD COVINGTON, Defendant-Appellee.

          Argued: October 26, 2017

         Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, Chief District Judge. (2:14-cr-00006-1)

         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.

          Before TRAXLER and AGEE, Circuit Judges, and Loretta C. BIGGS, United States District Judge for the Middle District of North Carolina, sitting by designation.

          LORETTA COPELAND BIGGS, DISTRICT JUDGE

         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, we vacate the sentence imposed by the district court and remand for resentencing.

         I.

         Donald Covington pleaded guilty to distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Covington's presentence report classified him as a "career offender" under § 4B1.1(a) of the Guidelines based on two prior felony convictions: one for robbery with a firearm, and the other for the offense of unlawful wounding under West Virginia law. Covington did not object to the career offender classification; however, prior to sentencing, the district court sua sponte ordered the parties to brief the issue whether unlawful wounding qualifies as a crime of violence under the Guidelines.

         At sentencing, the district court concluded that West Virginia's unlawful wounding offense did not qualify as a crime of violence and, therefore, Covington was not a career offender. The district court then calculated the advisory sentencing guideline range applicable to Covington as 18-24 months, rather than, a sentence of "at least 12 and a half years . . . if the career offender guideline was applied, " J.A. 106. Since Covington had already been detained on a pretrial basis for about ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.