United States v. Stuart, No. 20-4011 (4th Cir. 2021)
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Stuart entered a U.S. Post Office and robbed the clerk of $173 and a cell phone, brandishing an Airsoft pellet gun. The next day he surrendered. Stuart pleaded guilty to robbing an individual lawfully in charge of mail matter, money, or other property belonging to the United States and, during the course of that robbery, assaulting the postal employee “by the use of a dangerous weapon,” 18 U.S.C. 2114(a). Stuart’s PSR assigned three points to a 2015 North Carolina state offense: possession with intent to manufacture, sell, or deliver methamphetamine (Paragraph 27 Offense) and another three points for a second state methamphetamine offense (Paragraph 28). Stuart objected, arguing that the two should be treated as a “single sentence” because the Paragraph 27 Offense sentence was “activated” at the same sentencing hearing at which the Paragraph 28 Offense sentence was imposed: His post-release supervision began for both on January 14, 2017, and the final release date for both cases was March 15, 2018.
The district court overruled the objection, calculated a Guidelines range of 130-162 months’ imprisonment, and sentenced Stuart to 130 months’ imprisonment. The Fourth Circuit affirmed, citing USSG 4A1.1(a) and 4A1.2(a)(2). Stuart was arrested for the Paragraph 27 Offense on July 30, 2015, for conduct committed on that date; he was arrested on November 21, 2015, for the Paragraph 28 Offense, for conduct that occurred in September 2015.
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