United States Fourth Circuit

Because the district court took relevant conduct into account in determining defendant's offense level, it erred in not imposing his sentence concurrently with his prior state sentence per U.S.S.G. section 5G1.3(b). Since the error was not plain, the sentence is affirmed.

Appellate Information

• Decided 03/26/2004
• Published 03/26/2004

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:J. Lloyd Snook, III, Snook & Haughey, P.C., Charlottesville, Virginia, for Appellant.  Nancy Spodick Healey, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.   ON BRIEF:  John L. Brownlee, United States Attorney, Charlottesville, Virginia, for Appellee.