Professional Documents
Culture Documents
No. 13-4976
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:12-cr-00038-JPB-JSK-1)
Submitted:
April 7, 2014
Before KEENAN
Circuit Judge.
and
WYNN,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Patrick Crites pleaded guilty to transmitting a threat
to
injure
the
person
of
another
in
interstate
commerce,
in
Finding
no error, we affirm.
On appeal, Crites argues that the district court erred
in applying an enhancement under the Guidelines for an official
victim.
the
Guidelines,
we
review
the
district
courts
legal
We will find
clear error only if, on the entire evidence, we are left with
the
definite
committed.
and
firm
conviction
that
mistake
has
been
omitted).
The
Guidelines
provide
that
district
court
shall
government,
Chapter
Two,
Guidelines
and
Part
Manual
the
A
of
base
offense
the
(USSG)
level
Guidelines.
3A1.2(a),
2
is
derived
U.S.
(b)
from
Sentencing
(2013).
The
commentary
to
that
section
provides
that
the
[G]uideline
[and]
does
not
apply
when
the
only
victim
is
an
are
adequately
presented
in
the
materials
before this Court and argument would not aid in the decisional
process.
AFFIRMED