US v. Adrian Davie
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN DAVIE, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cr-00051-1)
March 3, 2009
March 23, 2009
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, Appellate Counsel, Lex A. Coleman, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Lisa G. Johnston, Assistant United States Attorney, Huntington, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Adrian Davie pled guilty to possession with intent to distribute crack cocaine. fifty-seven Sentencing months. months of The district court sentenced Davie to imprisonment range of based on to an advisory
We vacated and remanded Davie's sentence in light of See United On remand,
Kimbrough v. United States, 128 S. Ct. 558 (2007). States v. Davie, 278 F. App'x 266 (4th Cir. 2008).
the district court again calculated Davie's sentencing range as fifty-seven to seventy-one months but the court departed
downward and imposed a sentence of forty-five months. Davie timely appeals raising two issues: (1) whether the district court erred by enhancing his sentence for
possession of a firearm under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (2007); and (2) whether the sentence violated his substantive due process rights. For the reasons that follow, we affirm. First, we find no clear error in the district court's decision to enhance Davie's sentence for the loaded gun found in the vehicle he was driving. F.3d 228, 234 claims (4th that Cir. the United States v. McAllister, 272 Second, we have repeatedly powder
cocaine and crack offenses violates either equal protection or
See United States v. Burgos, 94 F.3d 849, 876-77
(4th Cir. 1996) (collecting cases). Accordingly, we affirm Davie's 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
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?