US v. McFalls, No. 08-5839
District court's classification of defendant as a career offender under U.S.S.G. section 4B1.1 based on his prior convictions in South Carolina for four counts of second degree burglary of a dwelling and one count of assault and battery of a high and aggravated nature is reversed and remanded where: 1) defendant's four prior convictions for violating South Carolina's second degree burglary statute should have been counted as a single sentence under the Sentencing Guidelines because the four convictions were sentenced on the same day and the four offenses were not separated by an intervening arrest; and 2) defendant's prior sentence for second degree burglary of a dwelling does not qualify categorically as a crime of violence for purposes of U.S.S.G. section 4B1.1.
Read US v. McFalls, No. 08-5839
Argued: December 1, 2009
Decided and Filed: January 28, 2010
Opinion by Circuit Judge Rogers
For Appellant: C. Douglas Thorensen, Federal Public Defender's Office
For Appellee: Jimmie Lynn Ramsaur, Assistant US Attorney
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