US v. James McRobie

Filing 920090114

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4632

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JAMES DALE MCROBIE, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00474-HEH-1)

Submitted:

December 12, 2008

Decided:

January 14, 2009

Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael S. Nachmanoff, Federal Public Defender, Frances H. Pratt, Alice V. Sheridan, Assistant Federal Public Defenders, Richmond, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, David T. Maguire, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James firearm by a Dale person McRobie pled to guilty a to possession of a in

committed

mental

institution

violation of 18 U.S.C. § 922(g)(4) (2006). sixteen release. months of imprisonment and

He was sentenced to years supervised

three

One of his special conditions of supervision was to

"stay away from any official event, political event, or campaign event attended by the President of the United States or any candidate for the Presidency of the United States." (JA 52).

On appeal, McRobie raises three issues: (1) whether the district court erred by imposing a sentence greater than necessary

because the imprisonment portion of the sentence amounts to an involuntary civil commitment; (2) whether the district court

erred by imposing the special condition of supervised release; and (3) whether his conviction was unconstitutional in light of Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008). reasons that follow, we affirm. First, McRobie provides no authority for his argument that his sixteen-month sentence could be considered an For the

involuntary civil commitment. of discretion in McRobie's

More generally, we find no abuse sentence, which was within his

properly-calculated advisory Sentencing Guidelines range of ten to sixteen months. Gall v. United States, 128 S. Ct. 586, 596

(2007); United States v. Pauley, 511 F.3d 468, 473 (4th Cir. 2

2007).

A

sentence

imposed

within

the

advisory

range

is

presumptively reasonable. 193 (4th Cir. 2007).

United States v. Allen, 491 F.3d 178,

As McRobie concedes on appeal, this court reviews his second issue for plain error, as he failed to object to the special condition below. United States v. Olano, 507 U.S. 725, McRobie has failed to show away" order was plainly

732 (1993) (providing standard). that the district Id. court's "stay

erroneous.

McRobie's final claim of error founders on the very case upon which it relies. a Second Amendment right While the Heller opinion recognized for citizens to bear arms, it

specifically cautioned that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the

possession of firearms by felons and the mentally ill." 128 S. Ct. at 2816-17. Accordingly, sentence. legal before we affirm McRobie's

Heller,

conviction

and

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

3