United States v. George Whitmire , 669 F. App'x 98 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6369
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GEORGE WILLIAM WHITMIRE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Judge. (4:04-cr-00483-TLW-1; 4:15-cv-03406-TLW)
Submitted: September 20, 2016 Decided: September 27, 2016
Before KING and SHEDD, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Vacated and remanded by unpublished per curiam opinion.
George William Whitmire, Appellant Pro Se. Robert Frank Daley,
Jr., Assistant United States Attorney, Columbia, South Carolina;
Arthur Bradley Parham, Assistant United States Attorney,
Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.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 Whitmire’s
designation as an armed career criminal. See Benton v.
Maryland, 395 U.S. 784, 787-91 (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 adequately presented in the materials
before this court and argument would not aid the decisional
process.
VACATED AND REMANDED
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