Beruflich Dokumente
Kultur Dokumente
No. 09-4762
Submitted:
Decided:
PER CURIAM:
Xavier
Antwone
Blackwood
pled
guilty
pursuant
to
for
922(g)(1),
Information
term
924(a)(2)
of
Prior
exceeding
(2006).
Conviction
one
The
pursuant
year,
18
Government
to
21
U.S.C.
filed
U.S.C.
an
851
On
U.S.
738
meritorious
(1967),
issues
for
stating
in
appeal,
his
but
view
there
questioning
were
whether
no
the
one
the
year
under
district
18
U.S.C.
courts
judgment.
922(g).
United
This
court
States
v.
vacated this courts judgment and remanded the case for further
consideration in light of Carachuri-Rosendo v. Holder, 560 U.S.
__, 130 S. Ct. 2577 (2010).
WL
3607266
(4th
Cir.
Aug.
17,
2011)
(en
banc).
On
in
light
of
Simmons.
We
affirm
Blackwoods
conviction
for
and
sentence
reconsideration
of
the
and
remand
conviction
to
the
and
district
sentence
in
Simmons,
this
court
held
that
North
Carolina
the
individual
sentence.
N.C.
defendant
was
not
eligible
for
such
Gen.
Stat.
15A-1340.17(c)-(d),
assuming
Under
counsels
at
sentencing
Blackwoods
May
22,
was
2006
eight
months.
conviction
Thus,
should
under
not
have
Simmons,
been
appeal.
for
maintaining
drug-involved
premises,
vacate
Blackwoods
and
remand
the
with
conviction
and
Simmons
directions
and
and
that
the
in
light
sentence
that
the
court
district
of
court
Carachuri-
should
make
the
resentencing.
Blackwood,
This
in
writing,
court
of
requires
the
right
to
that
counsel
petition
the
inform
Supreme
If Blackwood
Counsels
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED