United States v. Hardy

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4930 MILTON HARDY, Defendant-Appellant.  Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge; Glen E. Conrad, Magistrate Judge. (CR-01-49) Submitted: March 27, 2002 Decided: April 15, 2002 Before WIDENER, LUTTIG, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Phillip R. Lingafelt, GLENN, FELDMANN, DARBY & GOODLATTE, Roanoke, Virginia, for Appellant. John L. Brownlee, United States Attorney, Sharon Burnham, Assistant United States Attorney, Roanoke, Virginia, for Appellee. 2 UNITED STATES v. HARDY Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Milton Hardy appeals the district court’s order affirming Hardy’s conviction for stalking, a Class A misdemeanor, 18 U.S.C.A. § 13 (West 2000) (incorporating Va. Code Ann. § 18.2-60.3 (Michie 1996)). See Fed. R. Crim. P. 58(g). We have reviewed the record and the district court’s judgment and find no reversible error. We find the Government’s evidence proves Hardy, on more than one occasion, engaged in conduct directed at Ida McBride with the intent to place McBride in reasonable fear of death, criminal sexual assault, or bodily injury, or with the knowledge that his actions would cause McBride fear. See Bowen v. Commonwealth, 499 S.E.2d 20, 22 (Va. App. 1998). We further find federal jurisdiction existed because several instances of Hardy’s conduct occurred on federal property. See 18 U.S.C.A. § 13 (incorporating Va. Code Ann. § 18.2-60.3). Accord- ingly, we affirm the district court’s order. We dispense with oral argu- ment because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the deci- sional process. AFFIRMED