United States v. Julius Nesbitt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6274
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JULIUS NESBITT, a/k/a Butch,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:08-cr-01153-DCN-1)
Submitted: June 23, 2015 Decided: July 1, 2015
Before DUNCAN and KEENAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Julius Nesbitt, Appellant Pro Se. Emmanuel Joseph Ferguson,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Julius Nesbitt appeals the district court’s order denying
his motion to correct the court’s amended criminal judgment. We
have reviewed the record and find no reversible error. To the
extent the district court’s oral pronouncements at sentencing
created any ambiguity, we find that its written judgment
unambiguously clarified its intent. See United States v.
Osborne, 345 F.3d 281, 283 n.1 (4th Cir. 2003) (holding that
when the sentencing transcript is ambiguous, we look to written
criminal judgment to resolve ambiguity). Accordingly, we affirm
the district court’s order. 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
2