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U.S. v. DALTON

No. 05-5265.

477 F.3d 195 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Joseph DALTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 2007.

Attorney(s) appearing for the Case

ARGUED: H. Stanley Feldman, Charleston, South Carolina, for Appellant. Brent Alan Gray, Assistant United States Attorney, Office of the United States Attorney, Charleston, South Carolina, for Appellee. ON BRIEF: Reginald I. Lloyd, United States Attorney, Charleston, South Carolina, for Appellee.

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

WILKINSON, Circuit Judge.

Thomas Dalton appeals the sentence arising from his conviction for credit card fraud in violation of 18 U.S.C. § 1029(a)(2) (2000). He argues that the district court acted unreasonably in imposing a 105-month sentence, an upward departure of nearly eighty-five percent from the top of the...

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