Appeals court vacates Wesley Hadsell’s sentence, sends case back for resentencing

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Wesley Hadsell

NORFOLK, Va. - A 20-year prison sentence given to Wesley Hadsell in November 2016 has been vacated by the U.S. Court of Appeals for the 4th Circuit.

Hadsell pleaded guilty to the purchase and possession of ammunition from a 2013 incident.

The minimum for this charge was fifteen years, and the maximum was life in prison. However, the 20-year sentence he was given was vacated based on an objection from Hadsell.

According to court documents, before his sentencing, Hadsell objected to the recommendation that he be sentenced as an "armed career criminal." That designation was given based on a previous conviction for statutory burglary.

The court sided with Hadsell, deciding that his previous conviction of statutory burglary did not qualify as a "violent felony" under the Armed Career Criminal Act.

"I gave him the good news today and he's very happy," said Jason Dunn, Hadsell's attorney. "With this ruling they're not going to be able to sentence him to more than ten years. He can get anywhere from zero to ten years and that's it so (it's) definitely a positive result for my client. I'm happy for him."

Dunn says Hadsell is currently in prison in Delaware, Ohio for a state charge.

His case will now be sent back to a lower court for resentencing. It's unclear when that date will be.



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