United States v. Gross, No. 22-4442 (4th Cir. 2024)
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The case involves defendant Anthony Gross, who was convicted for unlawful possession of a firearm after shooting and injuring a man in his family's driveway. The United States District Court for the Western District of North Carolina sentenced Gross to 63 months in prison and three years of supervised release. Gross appealed his sentencing, challenging the court's calculation of the sentence under the Sentencing Guidelines. He disputed the application of a sentencing enhancement for causing "serious bodily injury" and the use of the aggravated assault guideline. Gross also argued that the court should review its finding of serious bodily injury de novo (from the beginning).
The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision. The appellate court held that the district court's finding of serious bodily injury should be reviewed for clear error rather than de novo. The court reasoned that adopting a de novo standard would challenge the authority of fact-finders. The court found that the district court did not err in its application of the Sentencing Guidelines, stating that the injury inflicted by Gross on the victim involved "extreme physical pain," which is sufficient to classify as "serious bodily injury" under the Guidelines.
Additionally, the appellate court affirmed the district court's decision to apply the aggravated assault guideline, as the victim had indeed sustained serious bodily injury. The court underscored the importance of deference to the district court's fact-finding role, emphasizing that it is not the role of the appellate court to reassess the district court's factual findings. The court concluded that the evidence presented was ample for the district court to find that the victim had sustained serious bodily injury, thus affirming Gross's sentence.
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