District court's sentence of defendant to 235-month imprisonment on his conviction for being a felon in possession of a firearm is vacated and remanded as the district court erred when it looked to and relied on the Statement of Charges in determining that defendant's Maryland second-degree assault conviction qualified as a violent felony conviction under the Armed Career Criminal Act (ACCA), as the Statement of Charges was not incorporated into the information.
Argued: September 25, 2009
Decided: November 17, 2009
Opinion by Judge King
For Appellant: Sapna Mirchandani, Office of the Federal Public Defender, Greenbelt, Maryland
For Appellee: Cheryl L. Crumpton, Office of the United States Attorney, Baltimore, Maryland