United States v. Vereen ( 2005 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-4535
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    LUTHER VEREEN, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence.   C. Weston Houck, Senior District
    Judge. (CR-03-271)
    Submitted:   October 20, 2005             Decided:   October 26, 2005
    Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    James P. Rogers, Columbia, South Carolina, for Appellant. Jonathan
    S. Gasser, Acting United States Attorney, Columbia, South Carolina;
    A. Bradley Parham, Assistant United States Attorney, Florence,
    South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Luther Vereen, Jr., appeals from his 262-month sentence
    entered following his guilty plea to conspiracy to distribute fifty
    grams   or   more   of   crack   cocaine.   Vereen   contends   that   the
    sentencing enhancement he received for being a career offender is
    precluded by the Supreme Court’s decision in United States v.
    Booker, 
    125 S. Ct. 738
     (2005).
    Applying Booker, we find no sentencing error.        To the
    extent that Vereen argues that his sentence was unreasonable, the
    Guidelines were correctly calculated, and Vereen was sentenced at
    the lowest end of the Guideline range.       Therefore, we do not find
    his sentence to be unreasonable.       See United States v. Hughes, 
    401 F.3d 540
    , 546-47 (4th Cir. 2005) (holding that sentences post-
    Booker would be reviewed for reasonableness).
    Accordingly, we affirm Vereen’s sentence.      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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Document Info

Docket Number: 05-4535

Filed Date: 10/26/2005

Precedential Status: Non-Precedential

Modified Date: 10/30/2014