United States Fifth Circuit

Stalking as defined by South Carolina is a "crime of violence" under U.S.S.G. section 2K2.1(a)(4)(A). Enhanced sentence is affirmed where the charging and convicting documents establish that defendant's prior stalking behavior did not implicate the non-violent subsection of creating a reasonable fear of property damage.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARWOOD, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Felicia Collete Adams, Jackson, MS, for U.S., George Lowrey Lucas, Jackson, MS, for Mohr.