USA v. David Payo
| Third Circuit U.S. Court of Appeals | |
| Case #: | 0:19-cr-01631 |
| Case Filed: | Mar 26, 2019 |
| Terminated: | Apr 28, 2025 |
Appellant
David Payo
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Appellee
United States of America
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GPO
Apr 28 2025
PRECEDENTIAL OPINION. Coram: HARDIMAN, MCKEE and AMBRO, Circuit Judges. Total Pages: 36. Judge: AMBRO Authoring, Judge: HARDIMAN Concurring. We thus vacate Payo's sentence and remand for the District Court to answer that question as expeditiously as possible using only the Shepard documents produced by the Government the first time around. If it can prove that Payo's 2008 conviction was under subsection (ii), the sentence enhancement stands; otherwise, it does not. |