United States Fourth Circuit

Sentence based on convictions arising from a perjury and obstruction of justice scheme is affirmed over claims that the district court erred by: 1) enhancing defendant's sentence under 18 U.S.C. section 1512 j), thereby increasing his prison exposure from ten years to life, in violation of the Sixth Amendment; 2) applying U.S. v. Booker in contravention of the Ex Post Facto Clause of the Fifth Amendment; 3) miscalculating his sentencing range under the Sentencing Guidelines; and 4) failing to properly consider the 18 U.S.C. section 3553(a) sentencing factors.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• Before KING and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph Barry McCracken, Norfolk, Virginia, for Appellant.  James Ashford Metcalfe, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee.   ON BRIEF:  Chuck Rosenberg, United States Attorney, Alexandria, Virginia;  Jonathan Tate Mlinarcik, Third-Year Law Student, Office of the United States Attorney, Norfolk, Virginia, for Appellee.