United States v. George Whitmire

669 F. App'x 98

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 27, 2016
• Docket: 16-6369
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

George William Whitmire seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2012) motion. We have reviewed the record and the district court’s opinion and find that the court misapplied the concurrent sentence doctrine because it is not reasonably certain from the record that adverse collateral consequences will not flow from Whit-mire’s designation as an armed career criminal. See Benton v. Maryland, 395 U.S. 784, 787-91, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969); United States v. Hill, 859 F.2d 325, 326 (4th Cir. 1988) (discussing doctrine); United States v. Webster, 639 F.2d 174, 182-83 (4th Cir. 1981) (stating that a court must be able to “foresee with reasonable certainty that no adverse collateral consequences will redound to the defendant”).

Accordingly, we grant a certificate of appealability, vacate the district court’s order, and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are ade quately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED