United States Fourth Circuit

180-month sentence after guilty plea to several fraud offenses, which included an upward departure to address the seriousness of defendant's criminal history and his strong likelihood of recidivism, is vacated where the court was limited to 175 months, and the upward departure violated the Sixth Amendment.

Appellate Information

• Argued 10/25/2006
• Decided 12/15/2006
• Published 12/15/2006

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Keating Wiles, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Appellant.  Anne Margaret Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Frank D. Whitney, United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.