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United States v. Dodd

United States Court of Appeals, Fourth Circuit

October 29, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
KENNETH DODD, a/k/a K, Defendant - Appellant

Argued: September 19, 2014.

Page 307

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. (2:12-cr-00020-FL-3). Louise W. Flanagan, District Judge.

ARGUED:

Joshua Brian Howard, GAMMON, HOWARD, ZESZOTARSKI, PLLC, Raleigh, North Carolina, for Appellant.

Joshua L. Rogers, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF:

Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before WILKINSON, DUNCAN, and KEENAN, Circuit Judges. Judge Duncan wrote the opinion, in which Judge Wilkinson and Judge Keenan joined.

OPINION

Page 308

DUNCAN, Circuit Judge:

Appellant, Kenneth Dodd, pleaded guilty to bribing a private correctional officer and to conspiracy. At sentencing, the district court applied a four-level enhancement after finding that " the offense involved . . . [a] public official in a . . . sensitive position." U.S.S.G. § 2C1.1(b)(3).[1] Dodd challenges the propriety of this enhancement on appeal. For the reasons that follow, we affirm.

I.

Rivers Correctional Institution (" Rivers CI" ) is a private, low-security facility that contracts with the Federal Bureau of Prisons to house federal inmates. In May 2011, Rivers CI staff discovered various prohibited items in an inmate's cell. This discovery prompted an investigation by the U.S. Department of Justice Office of the Inspector General, which uncovered the conspiracy at issue here.

Beginning, apparently, in early 2011, Rivers CI inmate Dodd paid two Rivers CI correctional officers thousands of dollars to smuggle cellular telephones and tobacco products--both prohibited items--into Rivers CI. According to one of the officers, the two circumvented the institution's security by concealing the contraband in food containers and gloves. Dodd ...


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