United States v. Zavier Davis
2013 U.S. App. LEXIS 12893
| 4th Cir. | 2013Background
- Davis received a consolidated NC sentence for multiple robberies under NC law; the state judgment was a single consolidated sentence for the 2004 and 2005 offenses.
- Davis later faced federal charges and the PSR recommended career offender status under U.S.S.G. § 4B1.1 based on two prior felony convictions and intervening arrests.
- The district court applied the career offender enhancement, treating the consolidated NC sentence as at least two prior sentences.
- Davis objected, arguing the consolidated NC sentence is a single sentence, so there are not two prior sentences for § 4B1.1.
- The Fourth Circuit vacated and remanded, holding a consolidated NC sentence counts as a single sentence for purposes of the career offender enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 4B1.2(c) require two separate sentences for two prior felonies? | Davis—consolidated sentence counts as one | Government—separate sentences if intervening arrest exist | Consolidated sentence counts as one; no two sentences |
Key Cases Cited
- United States v. Henoud, 81 F.3d 484 (4th Cir. 1996) (de novo review of Guidelines interpretation)
- Huggins v. United States, 191 F.3d 532 (4th Cir. 1999) (consolidation for sentencing distinguished from consolidated sentence)
- United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc, federalism concerns re NC judgments applied to Guidelines)
- United States v. Cole, 857 F.2d 971 (4th Cir. 1988) (consolidation for judicial economy not affecting substantive rights)