PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-4249

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JAROHN PARHAM,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, Senior District Judge. (4:21-cr-00075-RAJ-LRL- 1)

Argued: March 22, 2024 Decided: February 26, 2025

Before NIEMEYER, KING, and BENJAMIN, Circuit Judges.

Reversed, vacated and remanded with instructions by published opinion. Judge Benjamin wrote the opinion, in which Judge Niemeyer and Judge King joined.

ARGUED: Geremy C. Kamens, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Daniel J. Honold, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Patrick L. Bryant, Assistant Federal Public Defender, Alexandria, Virginia, Kirsten R. Kmet, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant. Jessica D. Aber, United States Attorney, Richmond, Virginia, Peter G. Osyf, Assistant United States Attorney, OFFICE OF THE UNITED USCA4 Appeal: 23-4249 Doc: 60 Filed: 02/26/2025 Pg: 2 of 18

STATES ATTORNEY, Alexandria, Virginia, for Appellee.

2 USCA4 Appeal: 23-4249 Doc: 60 Filed: 02/26/2025 Pg: 3 of 18

DEANDREA GIST BENJAMIN, Circuit Judge:

Jarohn Parham appeals the 84-month sentence the district court imposed after he

pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).

He argues that the district court erred in calculating his Sentencing Guidelines range

because it incorrectly concluded that his prior conviction for Virginia common law robbery

(“Virginia robbery”), under Va. Code § 18.2-58 (1978), qualified as a conviction for a

crime of violence for purposes of a sentencing enhancement under the U.S. Sentencing

Guidelines Manual §§ 2K2.1(a)(4)(A), 4B1.2(a). He argues that our court’s precedent

establishes that Virginia robbery can be committed by threatening to accuse the victim of

having engaged in sodomy, and therefore disqualifies it as a crime of violence because it

criminalizes conduct broader than generic robbery. We agree with Parham and reverse the

judgment of the district court, vacate Parham’s sentence, and remand to the district court

for resentencing.

Parham also argues that his prior conviction under Virginia’s use of a firearm during

the commission of a robbery (“Virginia use of a firearm”), under Va. Code § 18.2-53.1

(1994), is not a crime of violence. We are not satisfied that the district court directly

addressed this issue, so we instruct the district court to consider the issue in the first

instance on remand.

I.

A.

3 USCA4 Appeal: 23-4249 Doc: 60 Filed: 02/26/2025 Pg: 4 of 18

In early 2021, officers with the Newport News, Virginia police department observed

Parham driving a vehicle with an expired registration sticker. [J.A. 23]. The officers

initiated a traffic stop. [J.A. 23]. As Parham stopped the vehicle, officers observed him

reach down towards the center console. [J.A. 23]. Upon approaching the vehicle, they

again saw Parham reac

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