UNITED STATES v. GROSS

No. 22-4442.

90 F.4th 715 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony James GROSS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 12, 2024.


Attorney(s) appearing for the Case

ARGUED: Melissa Susanne Baldwin , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: John G. Baker , Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Dena J. King , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Agee joined.


Anthony Gross pleaded guilty to unlawful possession of a firearm after he shot at and injured a man in his family's driveway. The district court sentenced Gross to 63 months' imprisonment and 3 years of supervised release. Gross challenges two aspects of the court's Sentencing Guidelines calculation: its application of...

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