United States v. James Legrande

U.S. Court of Appeals for the Fourth Circuit
United States v. James Legrande, 449 F. App'x 323 (4th Cir. 2011)

United States v. James Legrande

Opinion

Affirmed in part, vacated in part, and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Antonio LeGrande appeals his 151-month sentence for unarmed bank robbery, contending only that the district court improperly sentenced him as a career offender pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 4B1.1 on the basis of several of LeGrande’s prior North Carolina convictions. The parties now agree that the case should be remanded to the district court for resentencing in light of our decision in United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). Accordingly, we affirm LeGrande’s conviction, grant the parties’ joint motion to rescind the briefing order and to remand, vacate the sentence, and remand this case to the district court to permit resentencing. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. James Antonio LEGRANDE, Defendant—Appellant
Status
Unpublished