U.S. v. ORR, 3:09-cr-35. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120313936
Visitors: 10
Filed: Mar. 09, 2012
Latest Update: Mar. 09, 2012
Summary: ORDER ROBERT J. CONRAD, Jr., Chief District Judge. THIS MATTER is before the Court upon full remand from the United States Court of Appeals for the Fourth Circuit for consideration in light of United States v. Simmons , 649 F.3d 237 (4th Cir. 2011). The defendant was convicted of a violation of 18 U.S.C. 922(g)(1). (Doc. No. 30: Verdict). Following Simmons , the government concedes that none of the defendant's prior convictions subjected him to a term of imprisonment exceeding one year
Summary: ORDER ROBERT J. CONRAD, Jr., Chief District Judge. THIS MATTER is before the Court upon full remand from the United States Court of Appeals for the Fourth Circuit for consideration in light of United States v. Simmons , 649 F.3d 237 (4th Cir. 2011). The defendant was convicted of a violation of 18 U.S.C. 922(g)(1). (Doc. No. 30: Verdict). Following Simmons , the government concedes that none of the defendant's prior convictions subjected him to a term of imprisonment exceeding one year...
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ORDER
ROBERT J. CONRAD, Jr., Chief District Judge.
THIS MATTER is before the Court upon full remand from the United States Court of Appeals for the Fourth Circuit for consideration in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011).
The defendant was convicted of a violation of 18 U.S.C. § 922(g)(1). (Doc. No. 30: Verdict). Following Simmons, the government concedes that none of the defendant's prior convictions subjected him to a term of imprisonment exceeding one year. Therefore, the defendant's conviction in the instant case is no longer valid.
IT IS, THEREFORE, ORDERED that the defendant's conviction is vacated and this case is DISMISSED.
The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, to the United States Attorney, the United States Marshals Service, and the United States Probation Office.
Source: Leagle
