US v. David David

Filing 920090910

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-5149 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID DARRELL DAVID, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:08-cr-00011-LHT-1) Submitted: August 27, 2009 Decided: September 10, 2009 Before MICHAEL, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Claire J. Rauscher, Executive Director, Fredilyn Sison, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Edward R. Ryan, Acting United States Attorney, Mark A. Jones, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Darrell David appeals the district court's judgment entered pursuant to David's guilty plea to failure to register as a sex offender, in violation of 18 U.S.C. 2250 (2006), by failing David to register the in North to Carolina appeal the as a sex offender. reserved right district court's denial of his motion to dismiss the indictment against him, and raises various arguments on appeal supporting his contention that denial of the motion was erroneous. We have reviewed the record and find no reversible error in light of our recent dispositive decision in United States v. Gould, 568 F.3d 459 (4th Cir. 2009), which is neither factually nor legally distinguishable from the present case. the district court's judgment. Accordingly, we affirm 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 2

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