United States Fourth Circuit

District court's sentence of 240 months imprisonment and a life term of supervised release on a defendant convicted of knowingly transporting a minor in interstate commerce with intent to engage in sexual activity and related offenses is affirmed where: 1) district court's use of uncharged conduct in determining defendant's sentence did not violate the Sixth Amendment; 2) district court did not err by relying on uncharged conduct that was proven by the preponderance of the evidence standard; and 3) the district court did not commit reversible error in calculating defendant's Guidelines range, and the sentence was therefore procedurally reasonable.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.