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U.S. v. STOKES

No. 03-4067.

347 F.3d 103 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Turner David STOKES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 15, 2003.

Attorney(s) appearing for the Case

ARGUED: Edward Henry Weis, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant.

Michael Harvard Spencer, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

ON BRIEF: Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Appellant.

Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER and Judge GREGORY joined.

OPINION

WILKINS, Chief Judge.

Appellant Turner David Stokes pled guilty to mailing a threatening communication, see 18 U.S.C.A. § 876(c) (West Supp. 2003). He claims that the district court erred at sentencing by imposing an enhancement under U.S. Sentencing Guidelines Manual...

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