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

Appellate Information

Argued: December 1, 2009

Decided and Filed: January 28, 2010

Judges

Opinion by Circuit Judge  Rogers

Counsel

For Appellant:  C. Douglas Thorensen, Federal Public Defender's Office

For Appellee:   Jimmie Lynn Ramsaur, Assistant US Attorney