United States Fourth Circuit

"Failure to appear" under West Virginia law is "similar to" contempt of court, and thus falls within U.S.S.G. section 4A1.2(c)(1)'s misdemeanor exception. Remanded for resentencing.

Appellate Information

• Decided 05/05/2004
• Published 05/05/2004

Judges

• Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Barry Philip Beck, Power, Beck & Matzureff, Martinsburg, WV, for Appellant.  David J. Perri, Assistant United States Attorney, Wheeling, WV, for Appellee.   ON BRIEF:  Thomas E. Johnston, United States Attorney, Wheeling, WV, for Appellee.