United States v. Dahn

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-4797

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GAYLON R. DAHN,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, Chief District Judge. (CR-03-294)

Submitted: May 12, 2006 Decided: May 24, 2006

Before WILLIAMS and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, Appellate Counsel, Michael L. Desautels, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller, Acting United States Attorney, Hunter P. Smith, Jr., Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Gaylon R. Dahn pled guilty to two counts of inducing

illegal entry in violation of 8 U.S.C. § 1342(a)(1)(A)(iv) (2000).

He was sentenced following the Supreme Court's opinion in United

States v. Booker, 543 U.S. 220 (2005). The district court

sentenced Dahn to two concurrent terms of forty-eight months of

imprisonment. Dahn appeals, alleging his sentence following Booker

violated his due process rights, as informed by ex post facto

principles. This claim is foreclosed by our recent decision in

United States v. Davenport, 445 F.3d 366 (4th Cir. 2006).

Accordingly, we affirm. 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

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