Filed: Apr. 14, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4585 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. FRANK VINCENT CANDILORO, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00444-HEH-1) Submitted: March 30, 2009 Decided: April 14, 2009 Before MOTZ, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal P
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4585 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. FRANK VINCENT CANDILORO, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00444-HEH-1) Submitted: March 30, 2009 Decided: April 14, 2009 Before MOTZ, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal Pu..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4585
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
FRANK VINCENT CANDILORO,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:07-cr-00444-HEH-1)
Submitted: March 30, 2009 Decided: April 14, 2009
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Federal Public Defender, Paul G. Gill,
Assistant Federal Public Defender, Richmond, Virginia, for
Appellant. Dana Boente, Acting United States Attorney, Angela
Mastandrea-Miller, Assistant United States Attorney, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frank Vincent Candiloro pled guilty to being a felon
in possession of firearms and ammunition, in violation of
18 U.S.C. §§ 922(g)(1), (g)(9) (2006). At sentencing, the
district court determined that an enhancement under the Armed
Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) (2006), was
appropriate. The district court sentenced Candiloro to the
statutory mandatory minimum sentence of fifteen years’
imprisonment. Candiloro timely noted his appeal.
On appeal, Candiloro argues that the district court
erred in applying the ACCA enhancement because his two Virginia
convictions for unlawful wounding do not qualify as predicate,
violent felony convictions for sentencing under the ACCA. See
18 U.S.C. § 924(e)(2)(B)(i). This court reviews de novo whether
a prior conviction qualifies as a predicate conviction for the
ACCA. United States v. Williams,
326 F.3d 535, 537 (4th Cir.
2003).
Candiloro argues that the plain meaning of the phrase
“by any means” in the unlawful wounding statute, Va. Code Ann.
§ 18.2-51 (2004), encompasses conduct that does not involve the
use, attempted use, or threatened use of physical force against
the person of another. Although the phrase “by any means”
standing alone could possibly be given the broad interpretation
Candiloro argues for, the phrase has been narrowed by
2
established Virginia precedent. See Harris v. Commonwealth,
142
S.E. 354, 355 (1928); Harper v. Commonwealth,
85 S.E.2d 249, 255
(1955) (quoting Davis’ Criminal Law 353, 354). Moreover,
Candiloro fails to bring to our attention a single Virginia case
that would support his interpretation of “by any means.” In
light of the authoritative interpretation Virginia courts have
given § 18.2-51, the district court did not err in sentencing
Candiloro. Accordingly, we affirm the judgment of the district
court. We dispense with oral argument as the facts and legal
contentions are adequately set forth in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
3