Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Cammorto

United States Court of Appeals, Fourth Circuit

June 13, 2017

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
SCOTT STEWARD CAMMORTO, Defendant-Appellant.

          Argued: May 11, 2017

         Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:15-cr-00038-JPJ-PMS-1)

         ARGUED:

          Brian Jackson Beck, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Abingdon, Virginia, for Appellant.

          Kevin Lee Jayne, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

         ON BRIEF:

          Larry W. Shelton, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant.

          John P. Fishwick, Jr., United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

          Before NIEMEYER, MOTZ, and THACKER, Circuit Judges.

         Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Motz and Judge Thacker joined.

          NIEMEYER, Circuit Judge.

         Scott Cammorto pleaded guilty to knowingly failing to register in Virginia as a sex offender, in violation of 18 U.S.C. § 2250. Based on his underlying conviction in Georgia for rape, the district court sentenced Cammorto as a Tier III offender pursuant to U.S.S.G. § 2A3.5(a)(1) and thus imposed an enhanced sentence of 41 months' imprisonment. Cammorto now challenges the district court's reliance on his Georgia rape conviction to find that he was a Tier III offender, contending that his Georgia rape conviction did not categorically match the federal crime so as to make him a Tier III offender.

         We conclude that Cammorto's Georgia rape conviction does indeed satisfy the requirements for finding him a Tier III offender, as the Georgia offense was categorically "comparable to or more severe than" the federal crime of aggravated sexual abuse, as described in 18 U.S.C. § 2241, which is one of the offenses defining a Tier III offender. 42 U.S.C § 16911(4)(A)(i); see also U.S.S.G. § 2A3.5(a)(1); id. ยง 2A3.5 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.