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Appeal for Firearm Possession and Assault Involving Serious Injury
Joe Whitcomb : October 22, 2024
Incident and Initial Charges
On May 17, 2021, Anthony James Gross, his family, and his girlfriend were at his family’s home in Marshall, North Carolina. That morning, Gross's girlfriend told the family that A.C., a man staying with them due to personal difficulties, had assaulted her the night before. A.C. had been allowed to stay with the family while he dealt with addiction and homelessness. When he returned to the house around 10:00 a.m. to retrieve his belongings, Gross’s mother asked him to leave. A.C. refused, claiming he had a right to collect his property.
Gross confronted A.C. while holding a firearm. A.C. stayed on his motorcycle in the driveway and continued to argue for access to his belongings. Gross, standing three car lengths away, raised the firearm and fired a shot at the ground. Metal fragments from the shot hit A.C., causing injuries near his right eye. Although A.C.’s injuries were not life-threatening, he experienced significant pain and was treated at a hospital. A CAT scan revealed three metal fragments lodged near his eye, but the doctors decided not to remove them due to potential complications.
Following the incident, Gross was charged with unlawful possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and felonious assault with a deadly weapon in state court. He pleaded guilty to the federal firearm charge on November 17, 2021.
Sentencing and Objections
In preparation for sentencing, the U.S. Probation Office issued a presentencing report, which calculated a total offense level of 21, including enhancements for discharging a firearm and causing serious bodily injury. The report set Gross’s guidelines range at 77 to 96 months of imprisonment based on his criminal history and the severity of the offense.
During the sentencing hearing on July 19, 2022, Gross challenged the sentencing enhancements. He argued that A.C.’s injuries did not meet the legal definition of “serious bodily injury” and claimed that he did not intend to cause harm. Gross also sought a downward variance, citing a traumatic brain injury that affected his behavior during the incident. The district court, after hearing arguments from both parties, overruled his objections and determined that A.C.’s injuries—despite being described as “superficial” by hospital staff—qualified as serious bodily injury due to the extreme physical pain and lingering medical issues reported by A.C.
The court applied the aggravated assault guideline under the Sentencing Guidelines due to the seriousness of the injury and sentenced Gross to 63 months in prison, a downward departure from the initial guidelines range, based on his brain injury and its impact on his actions.
Appeal and Court Decision
Gross appealed the sentence, contending that the district court erred in applying the five-level enhancement for serious bodily injury and the cross-reference to the aggravated assault guideline. He argued that the injury did not meet the threshold for serious bodily injury and that the district court improperly calculated his sentence.
On January 12, 2024, the United States Court of Appeals for the Fourth Circuit reviewed the case. The appellate court examined the district court’s factual findings under the clear error standard. The court concluded that the district court had not erred in its decision, finding that A.C.’s testimony of extreme pain, combined with medical evidence, supported the enhancement for serious bodily injury. The appellate court also upheld the application of the aggravated assault guideline, stating that the district court had appropriately cross-referenced it based on the nature of the offense and the harm caused to A.C.
Conclusion
The Fourth Circuit ultimately affirmed the district court’s sentencing decision, upholding Gross’s 63-month sentence and the enhancements for serious bodily injury and aggravated assault.