Cumberland Times-News

April 16, 2013

Man resentenced in federal court following appeal

Cumberland Times-News

— CUMBERLAND — A 31-year-old Hagerstown man’s prison sentence was lowered to 120 months in U.S. District Court in Martinsburg, W.Va., based on an appeal that prior convictions did not qualify him as an armed career criminal.

Robert John Summerville III had been convicted of second-degree assault in Allegany County Circuit Court in February 2005; of burglary in Texas in April 2009; of resisting arrest in Washington County Circuit Court in June 2004; and pleaded guilty to possession of a firearm in Jefferson County in March 2012.

He was sentenced to 262 months imprisonment in July 2012, but the case was remanded by the Fourth Circuit Court of Appeals for recalculation of his criminal history.

Judge Irene Keeley imposed the new sentence Monday, according to U.S. Attorney William Ihlenfeld II. Summerville will be on three years of supervised release following his incarceration.