United States Fourth Circuit

Conviction of conspiracy to buy votes in a North Carolina general election and of actually buying votes, with enhancement for organizing the conspiracy and obstructing justice, resulting in 33-month sentence, is affirmed the district court announced that if the Sentencing Guidelines were determined to be unconstitutional, it would impose the same sentence as a "nonguideline sentence" under 18 U.S.C. section 3553(a).

Appellate Information

• Argued 03/15/2006
• Decided 05/16/2006
• Published 05/16/2006

Judges

• Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Herbert Victor Larson, Jr., New Orleans, Louisiana, for Appellant.  Matthew Theodore Martens, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.