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United States v. Andrews

United States Court of Appeals, Fourth Circuit

October 30, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
ALBERT LEE ANDREWS, III, Defendant - Appellant

Argued September 15, 2015.

Page 965

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. (1:12-cr-00117-NCT-1). N. Carlton Tilley, Jr., Senior District Judge.

ARGUED:

Kearns Davis, BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. Robert Albert Jamison Lang, OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North Carolina, for Appellee.

ON BRIEF:

W. Michael Dowling, BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North Carolina, for Appellee.

Before WILKINSON, MOTZ, and KEENAN, Circuit Judges.

OPINION

Page 966

WILKINSON, Circuit Judge:

Petitioner Albert Lee Andrews challenges here the imposition of a U.S.S.G. § 3C1.1 enhancement for obstructing the administration of justice. The district court applied the enhancement against the defendant for knowingly presenting false testimony at his trial. Inasmuch as the court's finding of obstruction was not clearly erroneous, we affirm the imposition of the enhancement.

I.

In the early morning hours of March 27, 2011, Andrews entered a Domino's Pizza store in Kannapolis, North Carolina armed with a handgun. He ordered an employee at gunpoint back into the office where the manager was working and demanded that the manager open the store safe. When he was told the safe was empty, Andrews stole money from the cash register and from two employees, as well as the manager's wallet. During the encounter, he pointed his gun at Domino's personnel and threatened to shoot on two occasions.

The manager immediately reported the robbery. While searching for Andrews, a police officer found an abandoned automobile that had run off the road and hit two other vehicles. He recovered two wallets from the car, one belonging to Andrews

Page 967

and the other to the Domino's manager. The vehicle also contained a cell phone with photos of Andrews' family, a traffic citation issued to Andrews, and a bill of sale showing that Andrews owned the vehicle. The cell phone record listed calls made and received in Kannapolis at the time of the robbery. Finally, the officer found a baseball cap that fitted the ...


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