Professional Documents
Culture Documents
No. 10-4837
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Solomon Blatt, Jr., Senior
District Judge. (9:07-cr-00716-SB-1)
Submitted:
Decided:
PER CURIAM:
Dwayne Lamont Hamilton pled guilty to possession of a
firearm and ammunition by a convicted felon, in violation of
18 U.S.C.
922(g)(1),
924(a)(2),
(e)
(2006),
using
and
U.S.C.
(2006)
and
21
U.S.C.A.
841(a)(1),
(b)(1)(C)
We
affirm
Hamiltons
convictions,
vacate
his
of
either
substance offense.
crime
of
USSG 4B1.1(a).
violence
or
controlled
in the district court and does not dispute on appeal that his
prior South Carolina state conviction for possession with the
intent to distribute cocaine base constitutes a predicate felony
conviction
4B1.1(a).
for
controlled
substance
offense
under
USSG
potential
USSG 4B1.2(a).
risk
To
of
physical
decide
injury
whether
to
prior
another.
conviction
use
categorical
approach.
the
elements
of
the
United
States
v.
Jenkins,
offense . . . . [and]
examin[es]
[the
an
individual
particular
offender
occasion.
alternation omitted).
violence
proscribed
under
this
conduct,
Id.
might
have
(internal
committed
quotation
it
on
marks
a
and
the
the
offenses
least
full
culpable
range
of
proscribed
of
that
term.
United
States
v.
King,
673
F.3d
274,
278
where
the
in
narrow
range
of
cases
Id.
categorical approach.
Id.
which
and
the
includes
the
transcript
charging
of
the
document,
plea
the
colloquy,
plea
and
any
Id.
whether
conviction
for
so
qualifies,
we
vacate
categorical
approach
supports
the
conclusion
that
218
(1974)
out . . . to
pass
(We
on
it
important
4
inadvisable . . . to
questions
of
reach
statutory
construction
when
simpler,
and
more
settled,
grounds
are
with
oral
argument
because
the
facts
and
legal
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED