No. 90-5684.

936 F.2d 153 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Russell MIKALAJUNAS, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1991.

As Amended June 11, 1991.

Attorney(s) appearing for the Case

Ellen Luff, argued, Gambrills, Md. (Gill Cochran, on the brief, Annapolis, Md.), for defendant-appellant.

Joseph Lee Evans, Asst. U.S. Atty., argued, Baltimore, Md. (Breckinridge L. Willcox, U.S. Atty., Jamie E. Bennett, Asst. U.S. Atty., on the brief, Baltimore, Md.), for plaintiff-appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.


Defendant Joseph R. Mikalajunas, Jr. appeals a sentence imposed under the Federal Sentencing Guidelines in the United States District Court for the District of Maryland. Mr. Mikalajunas pleaded guilty to a charge of accessory after the fact to second degree murder. He alleges that the sentence he received was improper because the court erred in finding a two level enhancement to the offense calculation based on restraint of the victim. We conclude...

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