United States v. Eric Marks ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC VERSHAWN MARKS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III, Chief
District Judge. (5:14-cr-00141-D-1)
Submitted: March 30, 2017 Decided: April 3, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, First
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Thomas G. Walker, United States Attorney, Jennifer P.
May-Parker, Phillip A. Rubin, Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Vershawn Marks appeals his 151-month sentence imposed
following his guilty plea to distribution of a quantity of cocaine
base, in violation of 21 U.S.C. § 841(a)(1) (2012). On appeal,
Marks challenges his career offender designation based on
Johnson v. United States, 135 S. Ct. 2551 (2015), which declared
the residual clause of the Armed Career Criminal Act
unconstitutionally vague. Marks’ argument is foreclosed by the
Supreme Court’s recent decision that the Sentencing Guidelines,
including the career offender residual clause, “are not subject to
a vagueness challenge under the Due Process Clause.” Beckles v.
United States, ___ S. Ct. ___, ___, No. 15-8544, 2017 WL 855781,
at *9 (U.S. Mar. 6, 2017).
Accordingly, we affirm the district court’s judgment. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED
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