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  • United States v. Heijnen, 4th Cir. (2007)

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    The document summarizes a United States Court of Appeals case. It affirms the 151-month prison sentence of Antonius Heijnen, who was convicted of conspiracy and wire fraud. The court had previously remanded Heijnen's case for resentencing following his first appeal. Upon remand, the district court complied with the mandate to resentence Heijnen in accordance with United States v. Booker. The Court of Appeals declines to consider Heijnen's arguments against his convictions and original sentence, as those issues had already been decided. It affirms his sentence and denies his motion to expedite the appeal.

    Original Description:

    Filed: 2007-04-11 Precedential Status: Non-Precedential Docket: 06-4249

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    The document summarizes a United States Court of Appeals case. It affirms the 151-month prison sentence of Antonius Heijnen, who was convicted of conspiracy and wire fraud. The court had previously remanded Heijnen's case for resentencing following his first appeal. Upon remand, the district court complied with the mandate to resentence Heijnen in accordance with United States v. Booker. The Court of Appeals declines to consider Heijnen's arguments against his convictions and original sentence, as those issues had already been decided. It affirms his sentence and denies his motion to expedite the appeal.

    Copyright:

    Public Domain
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    4 views3 pages

    United States v. Heijnen, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The document summarizes a United States Court of Appeals case. It affirms the 151-month prison sentence of Antonius Heijnen, who was convicted of conspiracy and wire fraud. The court had previously remanded Heijnen's case for resentencing following his first appeal. Upon remand, the district court complied with the mandate to resentence Heijnen in accordance with United States v. Booker. The Court of Appeals declines to consider Heijnen's arguments against his convictions and original sentence, as those issues had already been decided. It affirms his sentence and denies his motion to expedite the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-4249

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ANTONIUS HEIJNEN,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    G. Ross Anderson, Jr., District
    Judge. (8:03-cr-00045-GRA-6)

    Submitted:

    March 23, 2007

    Decided:

    April 11, 2007

    Before WILKINSON, WILLIAMS, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Antonius Heijnen, Appellant Pro Se.


    David Calhoun Stephens,
    Assistant United States Attorney, Greenville, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Antonius

    Heijnen

    appeals

    district court for resentencing.

    following

    remand

    to

    the

    Because the district court

    complied with our mandate and we find no reversible error, we


    affirm.
    Heijnen was convicted after a jury trial on one count of
    conspiracy and five counts of wire fraud, for which he received a
    188-month sentence.

    In his first appeal, Heijnen raised several

    assertions of error in his convictions and sentence.

    We affirmed

    Heijnens convictions, but vacated his sentence and remanded for


    resentencing in accordance with United States v. Booker, 543 U.S.
    220 (2005).

    United States v. Heijnen, 149 F. Appx 165 (4th Cir.

    2005) (No. 04-4036).


    Upon remand, the district court resentenced Heijnen to
    151 months of imprisonment.
    brief,

    Heijnen

    raises

    Heijnen now appeals.

    several

    assertions

    In his informal

    of

    error

    in

    his

    convictions, and argues that his sentence was enhanced based on


    judicial fact-finding in violation of the Sixth Amendment.
    Under

    the

    mandate

    rule,

    consideration

    of

    Heijnens

    arguments is foreclosed because his convictions were affirmed in


    the original appeal, and the arguments raised by Heijnen related to
    his sentence were also specifically rejected.
    Bell, 5 F.3d 64, 66 (4th Cir. 1993).

    United States v.

    We accordingly decline to

    address the issues because they are not properly before us.

    - 2 -

    We

    therefore

    affirm

    Heijnens

    sentence.

    We

    deny

    Heijnens motion to expedite the appeal as moot.

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    AFFIRMED

    - 3 -

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