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Date: 07-12-2022
Case Style:
United States of America v. Eric Scott Pennington
Case Number: 21-4664 2:13-cv-00034
Judge: Per Curiam
Court: United States Court of Appeals for the Fourth Circuit on appeal from the Northern District of West Virginia (Randolph County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Elkins, West Virginia criminal defense lawyer represented Defendant charged with manufacturing controlled substances.
Eric Scott Pennington appeals the district court's judgment revoking his term of supervised release and imposing a sentence of 24 months' imprisonment. On appeal, Pennington's counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious grounds for appeal but questioning whether Pennington's sentence is plainly unreasonable. Although notified of his right to do so, Pennington has not filed a pro se supplemental brief. For the reasons that follow, we affirm the portion of the judgment revoking Pennington's supervised release, but we vacate his 24-month sentence and remand for resentencing.
Outcome: Affirmed in part, vacated in part, and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: