Background
Ebron was convicted by a jury of unlawfully possessing a firearm and ammunition as a convicted felon. He appealed both his conviction and his forty eight month sentence.
The court’s reasoning
The court held that Ebron’s Second Amendment claim was precluded by binding Fourth Circuit precedent. Regarding sufficiency of evidence, the court found circumstantial evidence sufficient to establish constructive possession of the firearm found in the vehicle Ebron drove. On sentencing, the court followed a recent Fourth Circuit decision to conclude that Virginia robbery does not qualify as a crime of violence for Sentencing Guidelines purposes, requiring resentencing.
What it means going forward
The ruling clarifies that Virginia robbery convictions do not trigger enhanced Sentencing Guidelines ranges for firearm possession offenses in the Fourth Circuit.