Professional Documents
Culture Documents
No. 12-4109
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:05-cr-00256-FDW-1)
Submitted:
Decided:
PER CURIAM:
Clifton
Barnes
appeals
from
the
district
courts
reversed
Barness
felon
in
possession
of
This
firearm
of
21
U.S.C.
841(b)(1)(C)
(2006).
The
courts
121-month
sentence
on
remand
was
properly
calculated.
We affirm.
First, we review Barness sentence for reasonableness,
sentence
improper
for
significant
calculation
of
the
Gall v.
We begin by reviewing
procedural
Guidelines
error,
range,
including
failure
to
based
on
clearly
erroneous
sentence
procedurally
substantive reasonableness.
facts,
or
failure
Id. at 51.
reasonable
can
we
to
Only if we
consider
325,
328
(4th
Cir.
2009).
Here,
Barness
within-Guidelines
289
(4th
Cir.
2012),
and
we
find
no
procedural
or
have
also
considered
Barness
sentencing
issues
Barnes was
sentences
charge
applicable
quantity
re-sentencing,
questions
the
about
in
the
district
sentencing
because
the
superseding
court
under
Government
indictment.
patiently
answered
841(b)(1)(C)
and
did
not
At
the
Barness
explained
the
offense.
statutory
maximum
sentence
for
841(b)(1)(C)
indictment
did
also
not
argues
specify
that,
drug
because
quantity,
he
the
superseding
should
only
be
other
substances
were
crack
3
cocaine.
He
states
that
We
conclude that the district court did not err in calculating the
drug
types
and
quantity
attributable
to
Barnes.
The
record
If
this
court
for
leave
to
withdraw
from
representation.
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED