U.S. v. SPENCE

No. 10-4184.

661 F.3d 194 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Troy SPENCE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 21, 2011.


Attorney(s) appearing for the Case

ARGUED: Allen Bethea Burnside , Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. Dean A. Eichelberger , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: William N. Nettles , United States Attorney, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge KING and Judge DAVIS joined.


OPINION

KEENAN, Circuit Judge:

In this appeal, we consider whether Troy Spence's sentence for possession of child pornography, a violation of 18 U.S.C. § 2252A(a)(5)(B), was properly enhanced as provided in 18 U.S.C. § 2252A(b)(2) based on his prior conviction under South Carolina common law for assault and battery of a high and aggravated nature (ABHAN). The sentencing enhancement at issue applies when a defendant has a prior conviction under...

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