United States v. Algerio

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-4251
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEVIN ALGERIO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CR-95-103)
Submitted: December 12, 1996 Decided: December 19, 1996
Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Judson W. Collier, Jr., HOOKER, BODE, COLLIER & DICKINSON, Rich-
mond, Virginia, for Appellant. Helen F. Fahey, United States
Attorney, M. Hannah Lauck, Assistant United States Attorney,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant Kevin Algerio appeals from a sentence imposed as a
result of his pleading guilty to violating the terms of his super-
vised release. Algerio contends that the district court abused its
discretion by sentencing him to the high end of the guideline
range. However, a claim that a court erred by imposing a sentence
at the high or low end of a correctly calculated guideline range is
generally not reviewable. United States v. Jones, 18 F.3d 1145,
1151 (4th Cir. 1994). Because Algerio has not alleged that his
sentence was based on an unconstitutional classification, see
United States v. Holmes, 60 F.3d 1134, 1137 (4th Cir. 1995), the
sentence of the district court is unreviewable. Accordingly, we
dismiss Algerio's challenge to his sentence. 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.
DISMISSED
2