United States Fourth Circuit

An inmate's statements can be treated as threats under U.S.S.G. section 2A6.1(b)(2), although he did not actually communicate nor intend to communicate them to the target of the threat. Upward departure without first considering views of the parties was erroneous.

Appellate Information

• Argued 06/06/2002
• Decided 09/26/2002
• Published 09/26/2002

Judges

• Before WIDENER and WILKINS, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Defendant-Appellant.  Yvonne Victoria Watford-McKinney, Assistant United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellee.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Defendant-Appellant.  John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellee.