United States v. Gardner

Defendant was convicted of possession of a firearm by a felon and was sentenced as an armed career criminal based on his three prior convictions for felony common law robbery in North Carolina. The court affirmed the district court's denial of defendant's motion to suppress the handgun found in defendant's vehicle during a traffic stop, and the district court's denial of defendant's motion for a new trial. The court concluded, however, that defendant's prior offense of North Carolina common law robbery is not categorically a violent felony. Therefore, the court held that the district court erred in sentencing defendant as an armed career criminal. The court vacated the sentence and remanded for resentencing. View "United States v. Gardner" on Justia Law