US v. Travis Bowman
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRAVIS WAYNE BOWMAN, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:07-cr-00027-LHT-1)
March 17, 2009
March 19, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Claire J. Rauscher, Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina; Raquel Wilson, Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Adam Morris, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Travis Wayne Bowman appeals from the 120-month
sentence imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2006). We dismiss the appeal based on the waiver contained in
Bowman's plea agreement. On Guidelines sentence. the appeal, Bowman two challenges and three the U.S. Sentencing to his
Bowman waived his right to appeal his sentence with of the application of chapter two and four
He alleges that the chapter two and three applied
enhancements are invalid because the district court relied on facts that were not charged in the indictment or admitted by him in imposing in the statutory of maximum, the Bowman below Guidelines range, As right the to
sentence, Government challenge
Amendment. waived his
Sixth Amendment challenge to the chapter two enhancement is also waived because it does not implicate the application of the
guideline enhancement. 1234 (10th Cir. 2005). *
See United States v. Clark, 415 F.3d
Even if the merits of the chapter two enhancement were before the court, the claim is foreclosed by our decision in United States v. Benkahla, 530 F.3d 300, 312 (4th Cir. 2008).
We find that the waiver in the plea agreement bars the claims brought on appeal and therefore dismiss the appeal. 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?