An Appeal to Remember

In this appeal involving identity theft, the Fourth Circuit vacates the appellant’s sentence after discovering what the District Court, AUSA, and the defense attorney had not:  the appellant was not on probation at the time of the offense.  In so doing, the Court engages in a helpful discussion about resentencing when the District Court has imposed a sentence of imprisonment under an erroneously calculated sentencing guidelines range–even when the sentence imposed falls within the overlap between the correct and erroneous ranges.

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