In The News

Jack Tinney and John Cecil Win in the Fourth Circuit Court of Appeals

8/27/2004

Recently, Jack Tinney and John Cecil successfully convinced the Fourth Circuit Court of Appeals to vacate a sentence imposed by a federal district court and to remand the matter for resentencing. The federal district court had ruled, over the defendant's objection, that a previous misdemeanor conviction of fleeing could be used to increase his criminal history level, and thus his sentence.

The Fourth Circuit overturned the district court, agreeing with the defendant that his conviction for "fleeing" constituted an offense that is to be excluded from his criminal history; consequently, the Fourth Circuit vacated the defendant's sentence and remanded the matter for resentencing. United States v. Sanders, Appeal No. 03-4768 (4th Cir., August 27, 2004).