Professional Documents
Culture Documents
Unpublished
Unpublished
No. 15-4062
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:13-cr-00011-FDW-DCK-1)
Submitted:
Decided:
February 1, 2016
Affirmed
in
part,
vacated
in
part,
and
instructions by unpublished per curiam opinion.
remanded
with
PER CURIAM:
A jury convicted Antonio Donte Smith of Hobbs Act robbery
(Count 1), in violation of 18 U.S.C. 1951 (2012); brandishing
a firearm during a crime of violence (Count 2), in violation of
18 U.S.C. 924(c)(1)(A)(ii) (2012); and possession of a firearm
by a felon (Count 3), in violation of 18 U.S.C. 922(g)(1)
(2012).
concluded
Smith
did
not
qualify
as
an
armed
career
entered
written
judgment,
the
Government
moved
for
January 2015. 1
Federal
Rules
of
Criminal
Procedure
provide[]
correct
United
arithmetical,
States
v.
technical,
Shank,
395
F.3d
or
466,
other
468
error. 2
clear
(4th
Cir.
2005)
purposes
of
this
rule,
sentencing
means
the
within
oral
Rule
Shank,
the
effectively denied.
relevant
time
period,
the
motion
is
Id.
the
lacked
second
sentencing
jurisdiction
to
hearing.
impose
When
the
different
district
sentence,
court
the
Smith
asserted
additional
arguments
regarding
his
convictions in his opening brief, but he explicitly abandoned
those issues in his reply brief.
2
United States
v. Schafer, 726 F.2d 155, 158 (4th Cir. 1984) (The trial judge
was
without
jurisdiction
to
reduce
Schafers
sentence
[under
v.
conclude
Jones,
that
238
the
F.3d
district
271,
273
court
(4th
lacked
Cir.
2001)
authority
to
([W]e
amend
sentence
and
remand
with
instructions
to
impose
the