US v. Derrick Samuels

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cr-00183-RBH-1 Copies to all parties and the district court/agency. [998375678] [09-4346]

US v. Derrick Samuels

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Date Filed: 07/08/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4346 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DERRICK LEON SAMUELS, Defendant - Appellant, Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:08-cr-00183-RBH-1) Submitted: June 22, 2010 Decided: July 8, 2010

Before WILKINSON, MOTZ, and DAVIS, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Russell W. Mace III, THE MACE FIRM, Myrtle Beach, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, Rose Mary Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Derrick Leon Samuels pleaded guilty to being a felon in possession of ammunition, a violation of 18 U.S.C.

§§ 922(g)(1), 924(a)(2) and 924(e) (2006).

The district court

enhanced Samuels's sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii), after determining that On in for

Samuels had three prior convictions for violent felonies. appeal, counting Samuels his contends that the under district South court Carolina erred law

1994

conviction

failure to stop for a blue light as a violent felony. In United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009), we held that a conviction under South Carolina law for failure to stop for a blue light, S.C. Code Ann. § 56-5-750(A), constituted a crime of violence under the ACCA only in some circumstances, Id. at 240. namely, intentional violations of the statute.

The district court, acting only with the benefit of

that decision, determined that Samuels's conviction under the statute was intentional because "the indictment does indicate the word willfully," which the district court felt "equate[d] to intentional conduct." Accordingly, the district court concluded

that Samuels's conviction counted as an ACCA predicate offense. We recently held, however, that in light of the U.S.

Supreme Court's decision in Chambers v. United States,

, 129 S.Ct. 687 (2009), which was issued eight days after 2

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Roseboro, "a violation of South Carolina's blue light statute . . . does not qualify as a predicate offense for purposes of the ACCA." 2010). Accordingly, the district court erred in counting United States v. Rivers, 595 F.3d 558, 560 (4th Cir.

Samuels's conviction for failure to stop for a blue light as a violent felony for purposes of the ACCA. the judgment of the district with court our and We therefore vacate remand in the case for We legal

resentencing dispense

consistent oral

decision the

Rivers. and

with

argument

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED

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