United States Fourth Circuit

Even if the presentence report refers to the wrong sentencing guideline, the district court can still apply the correct sentencing guideline without running afoul of Burns v. US, 501 US 129 (1991) as long as there was some notice sufficient for the defendant to argue the issue.

Appellate Information

• Argued 03/02/2001
• Decided 09/06/2001
• Published 09/06/2001

Judges

• Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Alan DuBois, Assistant Federal Public Defender, Raleigh, NC, for Appellant. Dennis M. Duffy, Assistant United States Attorney, Raleigh, NC, for Appellee. ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, NC, for Appellant.  Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Appellee.