Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. McFalls, No. 08-5839

By FindLaw Staff on January 28, 2010 | Last updated on March 21, 2019

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

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard