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U.S. v. SPRING

No. 01-4496.

305 F.3d 276 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Robert SPRING, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 2002.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Defendant-Appellant. Yvonne Victoria Watford-McKinney, Assistant United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Defendant-Appellant. John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellee.

Before WIDENER and WILKINS, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation.

Affirmed in part and vacated and remanded in part by published opinion. Judge WILKINS wrote the majority opinion. Judge WIDENER wrote an opinion concurring in part and dissenting in part. Judge STAMP wrote an opinion concurring in part and dissenting in part.

OPINION

WILKINS, Circuit Judge.

Kenneth Robert Spring appeals his sentence for making unlawful threats, see 18 U.S.C.A. § 115(a)(1) (West 2000). He asserts that the district court...

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