United States Fourth Circuit

In a prosecution on two counts of stalking through the use of a facility of interstate commerce and one count of being a felon in possession of a firearm, conviction is affirmed, where: 1) a motion to suppress was properly denied, since the defendant's aunt's consent provided adequate permission for the police to search the house where firearms were found; 2) a jury instruction on constructive possession of a firearm was proper; 3) the federal statute under which the defendant was convicted for stalking was not unconstitutionally vague; 4) the stalking statute unambiguously made the victim, rather than the course of conduct, the unit of prosecution, so the two stalking counts were not multiplicitous; and 5) the length of the sentence was proper.

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• Wilkinson

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Jonathan D. Byrne, Thomas Charles Ryan