U.S. v. KIDD

No. 93-5127.

12 F.3d 30 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Norman KIDD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1993.


Attorney(s) appearing for the Case

Hunt Lee Charach, Federal Public Defender, Charleston, WV, argued, for defendant-appellant.

Victoria Boros Major, Asst. U.S. Atty., Charleston, WV, argued (Michael W. Carey, U.S. Atty., on brief), for plaintiff-appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


OPINION

WILKINSON, Circuit Judge:

The question in this case is whether incriminating statements obtained after a defendant's indictment can be included as relevant conduct for purposes of sentencing on the charges in that indictment. See U.S.S.G. § 1B1.3. We hold that because the evidence here related to new criminal activity, it was not obtained in violation of appellant's Sixth Amendment rights and, thus, was admissible at the sentencing hearing...

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