United States v. Carr

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6062

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STEVEN DONEWAN CARR,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:98-cr-00246-RLV-2)

Submitted: April 14, 2011 Decided: May 2, 2011

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge

Affirmed by unpublished per curiam opinion.

Steven Donewan Carr, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Steven Donewan Carr appeals the district court’s order

denying his motion to correct a clerical error pursuant to Fed.

R. Crim. P. 36. Based on our review of the record, we find that

the probation officer did not err in concluding that Carr’s

state conviction for breaking and entering counted as a

predicate offense under the career offender Guidelines

provision. See U.S. Sentencing Guidelines Manual § 4B1.1

(1998). Accordingly, Carr has failed to identify any clerical

error and we therefore affirm the district court’s order. See

United States v. Carr, No. 5:98-cr-00246-RLV-2 (W.D.N.C. Jan. 4,

2011). 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.

AFFIRMED