United States Fourth Circuit

The sentence imposed after conviction for unlawful possession of a firearm by a convicted felon is affirmed, where: 1) the district court did not err in increasing the defendant's base offense level for predicate crimes of violence, as a prior conviction for pointing and presenting a firearm in violation of South Carolina Code section 16-23-410 qualified as a crime of violence; 2) the district court did not erroneously add three points to his criminal history score for a prior sentence imposed upon adjudication of guilt, as the defendant's conviction for involuntary manslaughter imposed following an Alford plea qualified as such a sentence; and 3) the district court adequately explained at the sentencing hearing its chosen sentence and its decision to grant an upward variance.

Appellate Information

• Decided 03/08/2012
• Published 03/08/2012

Judges

• Barbara Milano Keenan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Ann Briks Walsh, Sean Kittrell