United States Fourth Circuit

Decision to resentence defendant in accordance with Booker to the statutory maximum of 60 months' imprisonment is affirmed over claims that sentencing enhancements violated the Ex Post Facto Clause, that the sentence imposed is presumptively vindictive, and that 60 months is unreasonable under Booker.

Appellate Information

• Argued 03/15/2006
• Decided 04/11/2006
• Published 04/11/2006

Judges

• Before LUTTIG and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Harold Babb, Howle & Babb, L.L.P., Sumter, South Carolina, for Appellant.  Kevin Frank McDonald, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.   ON BRIEF:  J. Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina, for Appellee.