US v. Michael Eason
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff Appellee, v. MICHAEL JOSEPH EASON, Defendant Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-cr-00262-FL-1)
May 5, 2009
July 1, 2009
Before WILKINSON and Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Walter H. Paramore, III, WALTER H. PARAMORE, III, P.C., Jacksonville, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. MayParker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Michael Joseph Eason appeals the 120-month departure sentence imposed by the district court following his plea of guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924 (2000). Eason asserts that the
district court erred by imposing a departure sentence without first affording him adequate notice that it planned to depart upward pursuant to U.S. Sentencing Guidelines Manual ("USSG") § 4A1.3, p.s. Rule 32(h) of the Federal Rules of Criminal Procedure requires that the sentencing court give the parties reasonable notice that it a is considering basis a departure on a ground in not the Fed. its
presentence report or in a party's prehearing submission. R. Crim. P. order 32(h). In its the comments upward at sentencing the and
court relied on USSG § 5K2.21, p.s., as well as § 4A1.3, p.s. The presentence report specifically identified USSG § 5K2.21 as a possible ground for upward departure. Eason § 4A1.3 was not prejudiced because in the its We are satisfied that district analysis court under cited USSG
§ 5K2.21 and 18 U.S.C. § 3553(a).
Accordingly, we conclude that
any error by the district court in failing to give such notice
respect to his sentence. We court. legal before therefore affirm the judgment of the district
We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional
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