United States v. Pulley

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4262
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PARIS TIWAND PULLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CR-93-121-FO)
Submitted: September 27, 2002 Decided: October 10, 2002
Before WILKINS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Frank D. Whitney, United States Attorney, Christine
Witcover Dean, Assistant United States Attorney, Anne M. 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Unpublished opinions are not binding precedent in this circuit.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:
Paris Tiwand Pulley appeals from the sixty-month sentence he
received for the revocation of his supervised release. On appeal,
he alleges that the sentence was unreasonable and that he should
have been sentenced within the guideline range of thirty to thirty-
seven months as calculated under U.S. Sentencing Guidelines Manual
(“USSG”) § 7B1.4(a) (2001). We affirm Pulley’s sentence as the
guideline range in USSG § 7B1.4(a) is advisory only, United States
v. Davis, 53 F.3d 638, 640-41 (4th Cir. 1995), and the sentence
imposed was not unreasonable. We dispense with oral argument as
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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