United States Fourth Circuit

Following a plea of guilt for being a felon in possession of a firearm, sentence of 96 months' imprisonment is affirmed where: 1) felony stalking under state law is a crime of violence as defined in section 4B1.2(a) of the Sentencing Guidelines; 2) any error that the district court may have committed in admitting the threat assessment report and testimony at sentencing was harmless because the evidence was cumulative and the district court did not give significant weight to the report and testimony; and 3) the district court's variance sentence was not unreasonable.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

• Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell Warren Mace, III, Myrtle Beach, South Carolina, for Appellant.  Rose Mary Sheppard Parham, Office of the United States Attorney, Florence, South Carolina, for Appellee.   ON BRIEF:  Kevin F. McDonald, Acting United States Attorney, Office of the United States Attorney, Columbia, South Carolina;  Carrie A. Fisher, Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina, for Appellee.