United States v. Patterson

169 F. App'x 788

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 6, 2006
• Docket: 04-4992
• Status: Unpublished

Opinion

PER CURIAM:

Tyrick Patterson pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (2000). Initially, the district court overruled Patterson’s objections to the guideline calculation based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and sentenced him to a term of twenty-one months imprisonment. On appeal, Patterson argued that, the district court erred in imposing sentence under a mandatory guideline scheme. Without filing a brief, the government moved to vacate the sentence and remand the case to the district court for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We granted the motion and Patterson was resentenced to a term of nineteen months imprisonment. Patterson has not identified any error in the sentence imposed on remand.

We therefore affirm the sentence imposed by the district court. 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