Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Lawrence Murchinson, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    5 views2 pages
    The United States Court of Appeals for the Fourth Circuit affirmed Lawrence Murchinson's conviction for possession of a firearm by a convicted felon and his 180-month sentence. The court found no violation of Murchinson's Sixth Amendment right to a speedy trial after reviewing the facts under the Barker v. Wingo framework. The court also rejected Murchinson's arguments that two prior state convictions for statutory burglary were inappropriately considered for sentencing under the Armed Career Criminal Act and that he did not receive pretrial notice of the Act's applicability. The court held that pretrial notice is not required and that listing convictions in the presentence report provides adequate notice.

    Original Description:

    Filed: 1999-11-08 Precedential Status: Non-Precedential Docket: 99-4315

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Fourth Circuit affirmed Lawrence Murchinson's conviction for possession of a firearm by a convicted felon and his 180-month sentence. The court found no violation of Murchinson's Sixth Amendment right to a speedy trial after reviewing the facts under the Barker v. Wingo framework. The court also rejected Murchinson's arguments that two prior state convictions for statutory burglary were inappropriately considered for sentencing under the Armed Career Criminal Act and that he did not receive pretrial notice of the Act's applicability. The court held that pretrial notice is not required and that listing convictions in the presentence report provides adequate notice.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    5 views2 pages

    United States v. Lawrence Murchinson, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Lawrence Murchinson's conviction for possession of a firearm by a convicted felon and his 180-month sentence. The court found no violation of Murchinson's Sixth Amendment right to a speedy trial after reviewing the facts under the Barker v. Wingo framework. The court also rejected Murchinson's arguments that two prior state convictions for statutory burglary were inappropriately considered for sentencing under the Armed Career Criminal Act and that he did not receive pretrial notice of the Act's applicability. The court held that pretrial notice is not required and that listing convictions in the presentence report provides adequate notice.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.

    No. 99-4315

    LAWRENCE E. MURCHINSON,
    Defendant-Appellant.
    Appeal from the United States District Court
    for the Eastern District of Virginia, at Richmond.
    Richard L. Williams, Senior District Judge.
    (CR-97-313)
    Submitted: October 20, 1999
    Decided: November 8, 1999
    Before WILKINS and WILLIAMS, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Edwin F. Brooks, Richmond, Virginia, for Appellant. Helen F. Fahey,
    United States Attorney, S. David Schiller, Assistant United States
    Attorney, Richmond, Virginia, for Appellee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).

    OPINION
    PER CURIAM:
    Lawrence E. Murchinson was convicted of possession of a firearm
    by a convicted felon in violation of 18 U.S.C.A. 922(g)(1) (West
    Supp. 1999) and was sentenced to 180 months imprisonment. On
    appeal, Murchinson alleges that his Sixth Amendment right to a
    speedy trial was violated and that he was improperly sentenced under
    the Armed Career Criminal Act ("ACCA"), 18 U.S.C.A. 924(e)
    (West Supp. 1999), and U.S. Sentencing Guidelines Manual 4B1.4
    (1997).
    We have reviewed the facts in this case within the framework of
    the factors set out in Barker v. Wingo, 407 U.S. 514, 530 (1972), and
    find no violation of Murchinson's Sixth Amendment right to a speedy
    trial. With respect to Murchinson's argument that the court sentenced
    him improperly pursuant to the ACCA because it inappropriately considered two prior state convictions for statutory burglary and because
    he did not receive pretrial notice of the applicability of the ACCA, we
    also find both of these arguments without legal merit. See Taylor v.
    United States, 495 U.S. 575, 599 (1990) (holding that a person has
    been convicted of burglary for purposes of a 924(e) enhancement if
    he is convicted of any crime, regardless of its exact definition or label,
    having the basic elements of unlawful or unprivileged entry into, or
    remaining in, a building or structure, with intent to commit a crime);
    United States v. O'Neal, 180 F.3d 115, 125 (4th Cir. 1999) (holding
    that pretrial notice of the applicability of the ACCA is not required
    and that a listing of the convictions in the presentence report is more
    than adequate).
    Accordingly, we affirm Murchinson's conviction and sentence. We
    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court, and oral
    argument would not aid the decisional process.
    AFFIRMED
    2

    You might also like