UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-5317
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT LIN BOWER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., District Judge. (1:10-cr-00023-WO-1)
Submitted: February 16, 2012 Decided: February 29, 2012
Before GREGORY, DUNCAN, and WYNN, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Louis C. Allen III, Federal Public Defender, Williams S.
Trivette, Assistant Federal Public Defender, Greensboro, North
Carolina, for Appellant. Ripley Rand, United States Attorney,
Michael F. Joseph, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Lin Bower appeals his sentence of fifty-seven
months of imprisonment following his guilty plea to one count of
manufacturing counterfeit obligations, in violation of 18 U.S.C.
§ 471 (2006), and one count of being a convicted felon in
possession of ammunition, in violation of 18 U.S.C. 922(g)(1)
(2006). Bower challenges the enhancement of his advisory
Guidelines sentencing range pursuant to U.S. Sentencing
Guidelines Manual § 2K2.1(a)(4)(A) (2010). Bower claims that
his previous North Carolina felony conviction for taking
indecent liberties with a minor, in violation of N.C. Gen. Stat.
§ 14-202.1(a) (2009), should not have qualified as a crime of
violence for the purposes of § 2K2.1(a)(4)(A). In light of our
decision in Vann v. United States, 660 F.3d 771 (4th Cir. 2011)
(en banc) (per curiam), the Government concedes that the
documents necessary to establish that Bower’s criminal conduct
was a crime of violence under § 2K2.1(a)(4)(A) no longer exist.
Therefore, the Government, admitting Bower is entitled to
resentencing, requests a remand for that purpose.
In view of the Government’s concession, we vacate
Bower’s sentence and remand for resentencing consistent with
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this opinion. * Because our determination does not implicate the
validity of Bower’s conviction, it is affirmed. The Clerk is
directed to issue the mandate forthwith. 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
*
We note that the district court did not have the benefit
of our decision in Vann at the time Bower was first sentenced.
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