United States v. Patterson ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4992
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TYRICK PATTERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (CR-04-111)
Submitted: January 27, 2006 Decided: March 6, 2006
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Frank DeArmon Whitney, United States Attorney, Anne
Margaret Hayes, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tyrick Patterson pled guilty to being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g)(1)
(2000). Initially, the district court overruled Patterson’s
objections to the guideline calculation based on Blakely v.
Washington, 542 U.S. 296 (2004), and sentenced him to a term of
twenty-one months imprisonment. On appeal, Patterson argued that
the district court erred in imposing sentence under a mandatory
guideline scheme. Without filing a brief, the government moved to
vacate the sentence and remand the case to the district court for
resentencing in light of United States v. Booker, 543 U.S. 220(2005). We granted the motion and Patterson was resentenced to a
term of nineteen months imprisonment. Patterson has not identified
any error in the sentence imposed on remand.
We therefore affirm the sentence imposed by the district
court. 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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