United States v. Julius Nesbitt

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 1, 2015
• Docket: 15-6274
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6274

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JULIUS NESBITT, a/k/a Butch,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:08-cr-01153-DCN-1)

Submitted: June 23, 2015 Decided: July 1, 2015

Before DUNCAN and KEENAN, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Julius Nesbitt, Appellant Pro Se. Emmanuel Joseph Ferguson, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Julius Nesbitt appeals the district court’s order denying

his motion to correct the court’s amended criminal judgment. We

have reviewed the record and find no reversible error. To the

extent the district court’s oral pronouncements at sentencing

created any ambiguity, we find that its written judgment

unambiguously clarified its intent. See United States v.

Osborne, 345 F.3d 281, 283 n.1 (4th Cir. 2003) (holding that

when the sentencing transcript is ambiguous, we look to written

criminal judgment to resolve ambiguity). Accordingly, we affirm

the district court’s order. We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED