United States v. Augustin

Fourth Circuit

United States v. Augustin

200 F. App'x 170

CourtCourt of Appeals for the Fourth Circuit

DecidedSeptember 13, 2006

Docket06-6405

StatusUnpublished

This text of 200 F. App'x 170 (United States v. Augustin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Augustin, 200 F. App'x 170 (4th Cir. 2006).

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Opinion

PER CURIAM:

In 2003, Thomas Augustin entered a guilty plea to possession of fifty grams or more of cocaine base (crack) and 500 grams or more of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a) (2000), and was sentenced to a term of 210 months imprisonment. Augustin appealed his sentence, and we affirmed it. United States v. Augustin, 102 Fed.Appx. 771 (4th Cir.2004). The Supreme Court later vacated this court’s judgment and remanded the case for further proceedings in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). On remand, we again affirmed the sentence. United States v. Augustin, 157 Fed.Appx. 582 (4th Cir. 2005).

Augustin subsequently filed in the district court a “Notice of Application for a Certificate of Appealability,” referencing the date of his 2003 sentencing hearing. The district court construed the application as a notice of appeal from the original judgment. Augustin has now filed an informal brief in this court in which he challenges his conviction and sentence and asserts that his counsel rendered ineffective assistance. Because Augustin has previously appealed from the judgment entered on January 12, 2004, this appeal is redundant.

We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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PER CURIAM:

In 2003, Thomas Augustin entered a guilty plea to possession of fifty grams or more of cocaine base (crack) and 500 grams or more of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a) (2000), and was sentenced to a term of 210 months imprisonment. Augustin appealed his sentence, and we affirmed it. United States v. Augustin, 102 Fed.Appx. 771 (4th Cir.2004). The Supreme Court later vacated this court’s judgment and remanded the case for further proceedings in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). On remand, we again affirmed the sentence. United States v. Augustin, 157 Fed.Appx. 582 (4th Cir. 2005).

Augustin subsequently filed in the district court a “Notice of Application for a Certificate of Appealability,” referencing the date of his 2003 sentencing hearing. The district court construed the application as a notice of appeal from the original judgment. Augustin has now filed an informal brief in this court in which he challenges his conviction and sentence and asserts that his counsel rendered ineffective assistance. Because Augustin has previously appealed from the judgment entered on January 12, 2004, this appeal is redundant.

We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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200 F. App'x 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-augustin-ca4-2006.

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