United States v. McGee ( 2007 )

Rehearing granted, March 17, 2008
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4686
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LENARDO RODRIKUS MCGEE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr., Chief
District Judge. (1:06-cr-00444-JAB)
Submitted: October 31, 2007 Decided: December 4, 2007
Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, William C. Ingram, First
Assistant Federal Public Defender, Greensboro, North Carolina, for
Appellant. Anna Mills Wagoner, United States Attorney, David P.
Folmar, Jr., Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lenardo Rodrikus McGee appeals from his 117-month
sentence. He contends that the district court erred in declining
to vary from the advisory Sentencing Guidelines range on the basis
of the harshness of the Guidelines’ 100:1 crack-to-powder cocaine
ratio.
McGee’s claim is barred by our prior decision that a
sentencing court cannot vary from the advisory Sentencing
Guidelines range based on a disagreement with the sentencing
disparity for crack and powder cocaine offenses. See United States
v. Eura, 440 F.3d 625, 633-34 (4th Cir. 2006), petition for cert.
filed, __ U.S.L.W. __ (U.S. June 20, 2006) (No. 05-11659).
Accordingly, we affirm McGee’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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