UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4475
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES ANTONIO LEGRANDE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas David
Schroeder, District Judge. (1:10-cr-00312-TDS-1)
Submitted: October 4, 2011 Decided: October 13, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Louis Carr Allen, III, Federal Public Defender, Greensboro,
North Carolina, for Appellant. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.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
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