United States Fourth Circuit

When sentencing for the offense of harboring a fugitive, the earlier version of USSG section 2X3.1 required the use of the general base offense level for the offense for which the fugitive was convicted, and not the offense level actually assigned to the fugitive, which may reflect a past criminal history.

Appellate Information

• Argued 04/03/2001
• Decided 06/14/2001
• Published 06/14/2001

Judges

• Before TRAXLER and GREGORY, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Bernard Smith, Greensboro, NC, for Appellant.   Michael Francis Joseph, Assistant United States Attorney, Greensboro, NC, for Appellee.   ON BRIEF:  Walter C. Holton, Jr., United States Attorney, Greensboro, NC, for Appellee.