United States Fourth Circuit

Conviction and sentence based on guilty plea to extortion and filing a false tax return are affirmed over claims that: 1) the district court erred by failing to provide notice of its intent to vary upwardly from the guideline range, violating his right to allocution; and 2) the sentence imposed was unreasonable.

Appellate Information

• Argued 10/25/2006
• Decided 04/25/2007
• Published 04/25/2007

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan David Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.  Susan Marie Arnold, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.   ON BRIEF:  Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Appellant.  Charles T. Miller, Acting United States Attorney, Charleston, West Virginia, for Appellee.