Académique Documents
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Culture Documents
No. 12-4777
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
John T. Copenhaver,
Jr., District Judge. (2:11-cr-00076-1)
Submitted:
Decided:
PER CURIAM:
Gregory
Bruce
Adkins
appeals
from
his
108-month
machine
court
gun.
erred
cross-reference
in
According
Adkins,
to
On
appeal,
when
it
calculating
his
he
asserts
applied
Adkins
the
that
kidnapping
Guidelines
sentence
should
the
range.
have
been
were
instead
endangerment. 1
merely
incidental
to
the
crime
of
We affirm.
requires
wanton
the
court
to
ensure
Gall v.
the
district
court
United States v.
Procedural errors
West
Virginia
Supreme
Court
has
noted
that
the
crime
of
kidnapping
could
literally
overrun
that,
under
these
facts,
the
forcible
The court
restraint
and
Id.
Adkins
endangerment.
kidnapping
was
not
incidental
to
wanton
and
threatened
her
life
numerous
times,
and
she
the
Adkins
influence
actions
likely
went
constituted
beyond
that
wanton
crime.
endangerment,
Therefore,
the
Accordingly, we find
that the district court correctly applied the kidnapping crossreference, and there was consequently no procedural error in
calculating
Adkins
Adkins sentence.
facts
and
legal
Guidelines
range.
As
such,
we
affirm
are
4
adequately
presented
in
the
materials
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED