Appellate Lawyer Argues Case at Duke Law School
Russell W. Mace III and Nicole Nicolette Mace, who handle federal and state criminal appeals, recently argued a case in front of Judge Duncan, Judge Niemeyer, and Senior Judge Wilkins of the United States Court of Appeals for the Fourth Circuit. The appellant was charged with knowingly possessing a firearm and ammunition. He pled guilty, and received an upward variance in his sentence of five levels as a result of a motion filed by the government. The motion was filed because of an interview with an officer from the South Carolinal Law Enforcement Division (SLED) who stated at the defendant's sentencing hearing that he posed a future danger to society.
The appellant argued that this information was obtained in violation of his 5th Amendment right to silence and the defendant's 6th Amendment right to counsel. The defendant did not receive Miranda warnings and the government used his statements against him to increase his sentence in front of Judge Wooten in Florence, South Carolina.
Federal criminal trial lawyer, Russell Mace, also argued that stalking should not be a crime of violence under United States Sentencing Guideline (U.S.S.G) 2K2.1 and 4B1.2 because it does not meet the test set out in the recent Supreme Court decision of Begay v. United States. The government argued that stalking is a crime of violence and that the appellant violated his plea agreement.
The Fouth Circuit has not issued an opnion on this case yet, but it will be intersting to see whether the case is remanded for a re-sentencing, affirmed or reversed.
The Mace Firm handles criminal appeals in state and federal courts in Florida, Georgia, and South Carolina. Our office in South Carolina is located in Myrtle Beach, Horry County.
