US v. Marcus Gossett

Filing 920100202

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4627 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS GOSSETT, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. G. Ross Anderson, Jr., Senior District Judge. (7:02-cr-00248-GRA-23) Submitted: December 16, 2009 Decided: February 2, 2010 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Benjamin T. Stepp, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, E. Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marcus revoking his Gossett appeals release the and district sentencing court's him to order five supervised months in prison, followed by a five-year term of supervised release. Gossett argues that the district court's orally pronounced sentence conflicts with the written judgment. Where a conflict exists between an orally pronounced sentence and the written judgment, the oral sentence controls. Fed. R. Crim. P. 35(c) ("`[S]entencing' means the oral announcement of the sentence."); United States v. Osborne, 345 F.3d 281, 283 n.1 (4th Cir. 2003). The record establishes that the district court imposed a five-month active prison term to be followed by a five-year term of supervised release, in its oral pronouncement of the sentence. recited conflict in the written the This is precisely the sentence Thus, in there open is simply no judgment. between sentence imposed court and the sentence reflected in the written judgment. oral pronouncement of sentence Nor do we find the or unclear. ambiguous 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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