United States Fourth Circuit

Sentence for conviction of aggravated sexual abuse after he raped and assisted another man in raping a woman on a naval base, is affirmed over claim that defendant should not have received a two-level enhancement for physical restraint of the victim under U.S.S.G. section 3A1.3.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Frances Hemsley Pratt, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Joseph L. Kosky, Special Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Acting Federal Public Defender, Walter B. Dalton, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.