United States v. Little

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-4141

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL AARON LITTLE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-99-132-F)

Submitted: September 8, 2000 Decided: October 19, 2000

Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Affirmed by unpublished per curiam opinion.

Douglas E. Kingsberry, THARRINGTON, SMITH, L.L.P., Raleigh, North Carolina, for Appellant. Janice McKenzie Cole, United States At- torney, Anne M. Hayes, Assistant United States Attorney, Jennifer May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael Aaron Little appeals his sentence following his plea

of guilty to a violation of 18 U.S.C. § 751(a) (1994), escape from

federal custody. Little asserts that the district court committed

plain error when it failed to assure that Little received a copy of

the revised Presentence Investigation Report and discussed the

Report with his attorney. Assuming without deciding that the dis-

trict court erred, we find that Little fails to establish that he

suffered any prejudice. See United States v. Lockhart, 58 F.3d 86,

88-89 (4th Cir. 1995). Accordingly, we affirm the district court’s

order of judgment and conviction. 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 deci-

sional process.

AFFIRMED