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U.S. v. SEAY

No. 07-4953.

553 F.3d 732 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Ronald SEAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2009.

Attorney(s) appearing for the Case

ARGUED: Russell Warren Mace, III, Myrtle Beach, South Carolina, for Appellant. Rose Mary Sheppard Parham, Office of the United States Attorney, Florence, South Carolina, for Appellee. ON BRIEF: Kevin F. McDonald, Acting United States Attorney, Office of the United States Attorney, Columbia, South Carolina; Carrie A. Fisher, Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

After pleading guilty to being a felon in possession of a firearm, Harry Ronald Seay was sentenced to 96 months' imprisonment. Challenging his sentence on appeal, Seay contends (1) that his prior felony stalking conviction under North Carolina General Statutes § 14-277.3 (1999) is not a "crime of violence" justifying an enhanced offense level under United States Sentencing Guidelines § 2K2.1; (2) that the district...

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