United States v. Pulley

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 10, 2002
• Docket: 02-4262
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-4262

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PARIS TIWAND PULLEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CR-93-121-FO)

Submitted: September 27, 2002 Decided: October 10, 2002

Before WILKINS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Anne M. Hayes, 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Unpublished opinions are not binding precedent in this circuit.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:

Paris Tiwand Pulley appeals from the sixty-month sentence he

received for the revocation of his supervised release. On appeal,

he alleges that the sentence was unreasonable and that he should

have been sentenced within the guideline range of thirty to thirty-

seven months as calculated under U.S. Sentencing Guidelines Manual

(“USSG”) § 7B1.4(a) (2001). We affirm Pulley’s sentence as the

guideline range in USSG § 7B1.4(a) is advisory only, United States

v. Davis, 53 F.3d 638, 640-41 (4th Cir. 1995), and the sentence

imposed was not unreasonable. We dispense with oral argument as

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED