United States v. Robert Garmon, 4th Cir. (2011)
United States v. Robert Garmon, 4th Cir. (2011)
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:09-cr-00164-RJC-1)
Submitted:
Decided:
PER CURIAM:
Robert A. Garmon pled guilty to being in possession of
a firearm after having been previously convicted of, [sic] one
or more crimes punishable by imprisonment for a term exceeding
one year, in violation of 18 U.S.C. 922(g)(1) (2006).
pled guilty without the benefit of a plea agreement.
Garmon
However,
were
punishable
by
term
of
imprisonment
that
all
of
Garmons
prior
offenses
were
It is
North
six months for the first two offenses and eight months for the
third offense.
Garmon appealed.
We reverse his
sentence
exceeding
one
year
of
imprisonment.
2005).
Under 18 U.S.C. 922(g), it is unlawful for one
previously convicted of a felony to possess in or affecting
commerce, any firearm or ammunition.
18
banc decision in United States v. Simmons, 649 F.3d 237 (4th Cir.
2011).
In
view
of
our
holding
in
Simmons,
we
agree
with
remand
case
to
the
district
court
for
proceedings
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
The clerk is