United States v. Wishon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4710
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TODD HAMILTON WISHON,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-04-418)
Submitted: May 10, 2006 Decided: May 23, 2006
Before WILLIAMS, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael A. Grace, GRACE HOLTON TISDALE & CLIFTON, P.A., Winston-
Salem, North Carolina, for Appellant. Anna Mills Wagoner, United
States Attorney, Robert A.J. Lang, Assistant United States
Attorney, Winston-Salem, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Todd Hamilton Wishon pled guilty to being a felon in
possession of a firearm in commerce under 18 U.S.C. § 922(g) (2000)
and was sentenced to 100 months of imprisonment. On appeal he
raises two issues, whether: (1) the district court erred by holding
him accountable at sentencing for approximately 670 grams of
methamphetamine and (2) his sentence was unreasonable. For the
reasons that follow, we affirm.
First, we conclude that the district court did not
clearly err in its factual determination that Wishon should be held
accountable for approximately 670 grams of methamphetamine at
sentencing. United States v. Daughtrey, 874 F.2d 213, 217 (4th
Cir. 1989) (giving review standard). Second, we conclude that
Wishon’s sentence was reasonable. United States v. Booker, 543
U.S. 220, 261 (2005) (stating review standard); United States v.
Hughes, 401 F.3d 540, 546-47 (4th Cir. 2005) (same). Indeed,
Wishon’s 100-month sentence was below his properly calculated
Sentencing Guidelines range.
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
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