United States v. Ballestero ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4319
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT BALLESTERO, a/k/a Rico,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:05-cr-00183)
Submitted: September 29, 2006 Decided: October 18, 2006
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tim C. Carrico, CARRICO LAW OFFICES, LC, Charleston, West Virginia,
for Appellant. Charles T. Miller, United States Attorney, R.
Gregory McVey, Assistant United States Attorney, Huntington, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Ballestero pled guilty to distributing crack
cocaine (Count Three) and being a felon in possession of a firearm
(Count Four) and was sentenced to eighty-seven months of
imprisonment. On appeal, he argues that the district court
improperly gave him six criminal history points for two Michigan
convictions: (1) breaking without entering, and (2) receiving and
concealing stolen property, which occurred more than fifteen years
prior to the commencement of his instant offenses in violation of
U.S. Sentencing Guidelines Manual § 4A1.2(e) (2005). For the
reasons that follow, we affirm.
We review a district court’s factual findings concerning
sentencing factors for clear error and its legal determinations de
novo. United States v. France, 164 F.3d 203, 209 (4th Cir. 1998).
We find no error in the district court’s conclusion that Ballestero
was serving sentences of imprisonment for these two state offenses
during the relevant fifteen-year period as discussed in USSG
§ 4A1.2, comment. (n.2). Accordingly, we affirm.
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
- 2 -