United States v. Barnes ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-5201
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUREKA BARNES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:05-cr-01297-TLW-1)
Submitted: August 6, 2009 Decided: January 12, 2010
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David B. Betts, Columbia, South Carolina, for Appellant. W.
Walter Wilkins, United States Attorney, Carrie A. Fisher,
William E. Day, Assistant United States Attorneys, Florence,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eureka Barnes pled guilty to one count of making false
statements to a Secret Service agent, in violation of 18 U.S.C.
§ 1001 (2006). Barnes was sentenced to thirty-six months’
imprisonment, and now appeals. Finding no error, we affirm.
We find Barnes’s sentence is not procedurally
unreasonable. In sentencing a defendant, a district court must
first properly calculate the Guideline range. Gall v. United
States, 552 U.S. 38, ___, 128 S. Ct. 586, 596 (2007). When
reviewing the district court’s application of the Sentencing
Guidelines, this court reviews findings of fact for clear error
and questions of law de novo. United States v. Osborne, 514
F.3d 377, 387 (4th Cir.), cert. denied, 128 S. Ct. 2525 (2008).
Having reviewed the record, we conclude that the
district court followed the necessary procedural steps in
sentencing Barnes, and properly calculated the applicable
Guideline range. Accordingly, we affirm the conviction and
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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