U.S. v. Curry, 07-4152
A 36-month sentence for mail and wire fraud is affirmed over a reasonableness challenge based on a claim that the sentencing judge had expressed a desire to give the defendant a more lenient sentence of 29 months of home confinement, but felt compelled to give him the 36 month sentence by his interpretation of the law and a previous circuit court decision.
- Decided 04/28/2008
- Published 04/28/2008
Before WILLIAMS, Chief Judge, WILKINSON, Circuit Judge, and PATRICK MICHAEL DUFFY, United States District Judge for the District of South Carolina, sitting by designation.
United States Fourth Circuit
ARGUED: Frances Hemsley Pratt, Office of the Federal Public Defender, Alexandria, VA, for Appellant. Robert John Krask, Office of the United States Attorney, Norfolk, VA, for Appellee. Michael S. Nachmanoff, Federal Public Defender, Alexandria, VA, Larry M. Dash, Office of the Federal Public Defender, Norfolk, VA, for Appellant. ON THE BRIEF: Chuck Rosenberg, United States Attorney, Alexandria, VA, for Appellee.