United States v. Adrian Adams

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4110
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADRIAN MARQUESE ADAMS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:06-cr-00028-MR-DLH-1)
Submitted: October 29, 2015 Decided: December 4, 2015
Before SHEDD, DUNCAN, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eric A. Bach, Charlotte, North Carolina, for Appellant. Jill
Westmoreland Rose, Acting United States Attorney, Amy E. Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Adrian Marquese Adams appeals the consecutive 27-month
sentence imposed upon revocation of his term of supervised
release. On appeal, Adams argues that the district court
committed reversible error in running the sentence consecutive
to any previously or subsequently imposed sentence of
imprisonment, pursuant to 18 U.S.C. § 924(c)(1)(D)(ii) (2012).
Because Adams did not preserve a challenge to the district
court’s decision to impose a consecutive sentence, we review
this decision for plain error. See United States v. Webb, 738
F.3d 638, 641 (4th Cir. 2013). Even if we were to conclude that
the court committed error and that the error was plain, Adams
has not met his burden to establish that the error affected his
substantial rights. See Henderson v. United States, 133 S. Ct.
1121, 1126-27 (2013) (defining plain error test); United States
v. Washington, 404 F.3d 834, 843 (4th Cir. 2005) (describing
sentencing error that affects substantial rights).
Accordingly, we affirm the district court’s judgment. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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