US v. Darrian Jarrell Abbott

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00426-CCE-1 Copies to all parties and the district court/agency. [999712394].. [14-4764]

Appeal: 14-4764

Doc: 32

Filed: 12/04/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4764

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DARRIAN JARRELL ABBOTT,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00426-CCE-1)

Submitted:

November 13, 2015

Decided:

December 4, 2015

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Robert
A.J.
Lang,
Assistant
United
States
Attorney,
Winston-Salem, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-4764

Doc: 32

Filed: 12/04/2015

Pg: 2 of 2

PER CURIAM:
Darrian Jarrell Abbott appeals from his 180-month sentence
imposed pursuant to his guilty plea to one count of possession
of ammunition by a felon.

He was sentenced as an armed career

criminal under 18 U.S.C. § 924(e) (2012), based in part on a
North

Carolina

conviction

for

Larceny

from

the

Person.

On

appeal, both parties agree that Larceny from the Person is no
longer a qualifying offense under § 924(e)(2)(B)(ii) after the
Supreme Court’s decision in Johnson v. United States, 135 S. Ct.
2551

(2015).

Accordingly,

remand for resentencing.

we

vacate

Abbott’s

sentence

and

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.
VACATED AND REMANDED

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