United States v. Mills (P)

Any error that the district court might have committed in treating the defendant’s prior North Carolina conviction as a crime-of-violence predicate was harmless because the court would have reasonably imposed the same 70-month sentence regardless of how it resolved a disputed Sentencing Guidelines issue.

The defendant’s sentence was at the low end of the advisory range that the district court applied based in part on the defendant’s prior North Carolina conviction for assault with a deadly weapon inflicting serious injury – which the court possibly incorrectly found was a “crime of violence.” But the district court stated that even if it did not treat the prior conviction as a qualifying predicate, it would have imposed the same 70-month sentence as an upward variance sentence.

Affirmed.

United States v. Mills (P), No. 16-4777, Mar. 5, 2019. 4th Cir. (Niemeyer) from WDNC at Charlotte (Conrad).



Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

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