United States Fourth Circuit

Imposition of an enhanced sentence for mailing a threatening letter, under U.S.S.G. section 2A6.1(b)(2), is vacated because the section refers to the number of threatening communications, not the number of victims threatened.

Appellate Information

• Decided 10/15/2003
• Published 10/15/2003

Judges

• Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward Henry Weis, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant.  Michael Harvard Spencer, Assistant United States Attorney, Charleston, West Virginia, for Appellee.   ON BRIEF:  Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Appellant.  Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.