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United States v. Wynn

United States Court of Appeals, Fourth Circuit

May 20, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
ANTHONY WYNN, a/k/a Twin, Defendant - Appellant

Argued March 25, 2015

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. (2:02-cr-00178-RAJ-7). Raymond A. Jackson, District Judge.

ARGUED:

Caroline Swift Platt, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

V. Kathleen Dougherty, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

ON BRIEF:

Michael S. Nachmanoff, Federal Public Defender, Richard J. Colgan, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

Dana J. Boente, United States Attorney, Alexandria, Virginia, Darryl J. Mitchell, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Before SHEDD, DUNCAN, and KEENAN, Circuit Judges. Judge Keenan wrote the opinion, in which Judge Shedd and Judge Duncan joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider whether the district court erred in determining, based on the defendant's status as a recidivist drug offender, that certain drug offenses

Page 340

committed during his supervised release were Grade B violations under the United States Sentencing Commission's advisory policy statements for violations of probation and supervised release (the " policy statements" ).[1] The defendant argues that his drug offenses while on supervised release constituted lesser Grade C violations, and that the district court improperly applied a statutory enhancement for recidivist conduct in reaching a contrary conclusion.

We hold that the district court did not err in considering the defendant's prior offenses when determining the grade of his supervised release violations under the policy statements. ...


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