United States Fourth Circuit

District court's imposition of a 60 month sentence for a felonious possession conviction is affirmed where: 1) district court did not err in relying on defendant's arson conviction to increase her base offense level to 20; 2) district court did not err in concluding that, in light of the obstruction-of-justice enhancement she received for absconding, defendant was not entitled to an acceptance of responsibility reduction; and 3) although the district court erred by applying the four-level enhancement for obliterated serial numbers found in the 2007 Guidelines manual, rather than the two-level enhancement contained in the 2005 manual, defendant has not shown that she was prejudiced by that error.

Appellate Information

• Argued 03/26/2010
• Decided 06/04/2010
• Published 06/04/2010

Judges

• Before TRAXLER, Chief Judge, and GREGORY and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Matthew Theodore Martens, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF:Claire J. Rauscher, Executive Director, Kevin Tate, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Edward R. Ryan, Acting United States Attorney, Kelli H. Ferry, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.