United States v. Goodman , 11 F. App'x 170 ( 2001 )


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  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.
    CHARLES DEAN GOODMAN, a/k/a
    Deion Goodman, a/k/a Dean                        No. 00-4678
    Goodman, a/k/a Devon Goodman,
    a/k/a Charles Deion Goodman, a/k/a
    Charles Devon Goodman, a/k/a
    Drell Deion,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Eastern District of North Carolina, at Wilmington.
    W. Earl Britt, Senior District Judge.
    (CR-00-55-BR)
    Submitted: March 16, 2001
    Decided: April 26, 2001
    Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant. Janice McKenzie Cole, United States Attorney, Anne M.
    2                    UNITED STATES v. GOODMAN
    Hayes, Assistant United States Attorney, J. Gaston B. Williams,
    Assistant United States Attorney, Raleigh, North Carolina, for Appel-
    lee.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Charles Dean Goodman appeals the district court’s imposition of
    a sixty month sentence for attempted escape to run consecutively to
    a previously imposed twenty-one month sentence for a supervised
    release violation. We affirm.
    This Court reviews the district court’s decision to order consecu-
    tive or concurrent sentences for abuse of discretion. United States v.
    Puckett, 
    61 F.3d 1092
    , 1097 (4th Cir. 1995) (citing United States v.
    Devaney, 
    992 F.2d 75
    , 77 (6th Cir. 1993)). The Sentencing Guide-
    lines provide the sentencing court with the discretion to impose a con-
    secutive sentence to a current or subsequently imposed sentence if the
    defendant was on federal supervised release at the time of the instant
    offense and has had it revoked. See Puckett, 
    61 F.3d at 1097-98
    ; U.S.
    Sentencing Guidelines Manual §§ 5G1.3, comment. (n.6), 7B1.3(f)
    (2000).
    We find no abuse of discretion in the district court’s imposition of
    a consecutive rather than concurrent sentence. Accordingly, we affirm
    Goodman’s conviction and 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.
    AFFIRMED
    

Document Info

Docket Number: 00-4678

Citation Numbers: 11 F. App'x 170

Judges: Michael, Per Curiam, Wilkins, Williams

Filed Date: 4/26/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023