Filed: Mar. 28, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4583 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSEPH LUTHER LEWIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:17-cr-00400-FL-1) Submitted: March 13, 2019 Decided: March 28, 2019 Before MOTZ, RICHARDSON, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished per curiam opinion. Walter H. Paramor
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4583 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSEPH LUTHER LEWIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:17-cr-00400-FL-1) Submitted: March 13, 2019 Decided: March 28, 2019 Before MOTZ, RICHARDSON, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished per curiam opinion. Walter H. Paramore..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-4583
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH LUTHER LEWIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:17-cr-00400-FL-1)
Submitted: March 13, 2019 Decided: March 28, 2019
Before MOTZ, RICHARDSON, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Walter H. Paramore, III, LAW OFFICES OF W.H. PARAMORE, III, Jacksonville,
North Carolina, for Appellant. Robert J. Higdon, Jr., United States Attorney, Jennifer P.
May-Parker, Assistant United States Attorney, Gabriel J. Diaz, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Luther Lewis appeals his 151-month sentence imposed following his guilty
plea to possession of a firearm by a convicted felon, in violation of 18 U.S.C.
§§ 922(g)(1), 924(a)(2) (2012), and possession of a stolen firearm, in violation of 18
U.S.C. §§ 922(j), 924(a)(2) (2012). On appeal, Lewis challenges the sufficiency of the
evidence supporting the district court’s application of the kidnapping cross-reference
under U.S. Sentencing Guidelines Manual §§ 2K2.1(c)(1)(A), 2X1.1(a), 2A4.1 (2016).
For the reasons that follow, we affirm.
“At sentencing, the government has the burden to prove a cross-referenced offense
by a preponderance of the evidence.” United States v. Slager,
912 F.3d 224, 232 (4th Cir.
2019) (brackets and internal quotation marks omitted). “In reviewing whether a district
court properly applied its application of a cross-reference, we review the district court’s
legal conclusions de novo and its factual findings for clear error,”
id. (ellipsis and internal
quotation marks omitted), “accord[ing] the district court’s credibility determinations great
deference,” United States v. Bolton,
858 F.3d 905, 913 (4th Cir. 2017) (internal quotation
marks omitted).
The Government presented evidence that, on the night of the incident giving rise
to the firearm charges, Lewis attempted to prostitute his then-girlfriend by driving her at
gunpoint to an abandoned house. A police officer testified that he observed injuries to
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the victim * consistent with her account that she jumped out of a moving vehicle driven by
Lewis, who then pulled out a gun and directed her to reenter the car. At the victim’s
suggestion, police searched the nearby woods, where they recovered Lewis’ firearm.
Based on this evidence, we conclude that the district court did not clearly err in finding
that sufficient evidence supported application of the kidnapping cross-reference.
Accordingly, we affirm the judgment of the district court. We dispense with oral
argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
AFFIRMED
*
The victim was unable to testify because she died before the sentencing hearing.
We reject Lewis’ argument that her unavailability violated his right to confrontation. See
United States v. Uman͂a,
750 F.3d 320, 346 (4th Cir. 2014) (“[T]he right to confrontation
does not apply at sentencing.”).
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