856 F.3d 326 (4th Cir. 2017), 15-4317, United States v. Riley

Docket Nº:15-4317
Citation:856 F.3d 326
Opinion Judge:WILKINSON, Circuit Judge:
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMIEN RILEY, Defendant - Appellant
Attorney:Julie Marie Reamy, JULIE M. REAMY, ATTORNEY AT LAW, LLC, Baltimore, Maryland, for Appellant. David Daniel Metcalf, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Rod J. Rosenstein, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for App...
Judge Panel:Before WILKINSON, DIAZ, and FLOYD, Circuit Judges. Judge Wilkinson wrote the opinion, in which Judge Diaz and Judge Floyd joined.
Case Date:May 09, 2017
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
SUMMARY

The Fourth Circuit affirmed the district court's classification of defendant as a career offender, holding that defendant's conviction of robbery with a dangerous weapon under Maryland law fits comfortably within the residual clause of the career offender guideline's definition of a "crime of violence." Under Maryland law, robbery entails the carrying away of another's property "from his person... (see full summary)

 
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Page 326

856 F.3d 326 (4th Cir. 2017)

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

DAMIEN RILEY, Defendant - Appellant

No. 15-4317

United States Court of Appeals, Fourth Circuit

May 9, 2017

Argued March 21, 2017

Appeal from the United States District Court for the District of Maryland, at Baltimore. (1:13-cr-00608-WDQ-1). William D. Quarles, Jr., District Judge.

ARGUED:

Julie Marie Reamy, JULIE M. REAMY, ATTORNEY AT LAW, LLC, Baltimore, Maryland, for Appellant.

David Daniel Metcalf, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

ON BRIEF:

Rod J. Rosenstein, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Before WILKINSON, DIAZ, and FLOYD, Circuit Judges. Judge Wilkinson wrote the opinion, in which Judge Diaz and Judge Floyd joined.

OPINION

WILKINSON, Circuit Judge:

Damien Riley challenges his designation as a career offender under the U.S. Sentencing Guidelines, arguing that his prior conviction for Maryland robbery with a dangerous weapon does not qualify as a predicate " crime of violence." We conclude that this offense was a crime of violence under the residual clause of the career offender guideline in effect when Riley was sentenced.

I.

Riley was convicted of four counts of possession with intent to distribute a controlled substance. The presentence report (PSR) designated Riley as a career offender under U.S.S.G. § 4B1.1 based on his previous felony convictions under Maryland law for robbery with a dangerous weapon and distribution of a controlled dangerous substance. The designation elevated his guidelines range from 21-27 months of imprisonment to 210-262 months. Riley did not object to his classification as a career offender in the PSR.

At the sentencing hearing, Riley's counsel stated that " there is no dispute whatsoever that he is a career offender" and instead argued that the designation was " over-representative of his criminal history." J.A. 22. Accordingly, Riley sought a downward departure for his criminal history and a downward variance on his overall sentence. The district court adopted the PSR and sentenced...

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