United States v. Burr , 209 F. App'x 328 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4140
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAREN BURR,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (3:05-cr-00033-WCB)
Submitted: November 30, 2006 Decided: December 13, 2006
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Tracy Weese, Shepherdstown, West Virginia, for Appellant. Rita R.
Valdrini, Acting United States Attorney, Paul T. Camilletti,
Assistant United States Attorney, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daren Burr pled guilty to being a felon in possession of
a weapon and was sentenced to 120 months of imprisonment. On
appeal, Burr argues that the district court erred by accepting the
facts as stated by the probation officer in the presentence report
(“PSR”). We find no clear error in the district court’s acceptance
of the facts as alleged in the PSR. See United States v. Love, 134
F.3d 595, 606 (4th Cir. 1998) (stating review standard); U.S.
Sentencing Guidelines Manual § 6A1.3(a) (2005) (noting that a court
may consider relevant information in the PSR, outside rules of
evidence, as long as “the information has sufficient indicia of
reliability to support its probable accuracy”).
Accordingly, we affirm. 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
- 2 -