United States v. Foster ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4795
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PRINCE AARON DUKES FOSTER,
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-01-9)
Submitted: April 27, 2006 Decided: May 1, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender; Devon L. Donahue,
Assistant Federal Public Defender; Diana H. Cap, Research and
Writing Attorney, Raleigh, North Carolina, for Appellant. Frank D.
Whitney, United States Attorney, Anne M. Hayes; Christine Witcover
Dean, Assistant United States Attorneys, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Prince Aaron Dukes Foster appeals the sentence
imposed after the district revoked his term of supervised release.
The court imposed a sentence exceeding the advisory Sentencing
Guidelines range and sentenced Foster to the maximum twenty-four
month term of imprisonment.
A sentence imposed upon revocation of supervised release
that falls within the range authorized by statute is reviewable
only if it is “plainly unreasonable.” 18 U.S.C. § 3742(a)(4)
(2000). The reasonableness of a revocation sentence is reviewable
for abuse of discretion. United States v. Davis, 53 F.3d 638, 642-
43 (4th Cir. 1995). The sentencing ranges provided by U.S.
Sentencing Guidelines Manual § 7B1.4, p.s. (2005), are advisory and
do not bind the sentencing court. Davis, 53 F.3d at 642. Foster’s
sentence fell within the statutory range.
After reviewing the record, joint appendix, and the
briefs of the parties, we conclude that the district court’s
sentence was reasonable in light of the circumstances present in
the case. We therefore affirm the judgment. 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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