US v. Thomas Fields

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:08-cr-00241-CCB-2 Copies to all parties and the district court/agency. [998454921] [09-5151]

US v. Thomas Fields

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Case: 09-5151 Document: 42

Date Filed: 10/28/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5151 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THOMAS EDWARD FIELDS, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:08-cr-00241-CCB-2) Submitted: October 13, 2010 SHEDD, Circuit Decided: Judges, and October 28, 2010 HAMILTON, Senior

Before KING and Circuit Judge.

Affirmed by unpublished per curiam opinion. Thomas J. Saunders, LAW OFFICE OF THOMAS J. SAUNDERS, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Christopher J. Romano, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Thomas Edward Fields appeals the 188-month sentence

imposed following his guilty plea to conspiracy to distribute and possess with intent to distribute 500 grams or more of

cocaine in violation of 21 U.S.C. § 846 (2006). On appeal, Fields challenges the

We affirm. district court's

consideration of a prior felony conviction when determining his career offender status and criminal history category. the sentencing court properly declined to address However, Fields'

challenge to the validity of a prior state felony conviction, as the federal sentencing proceeding was not the appropriate forum for such a challenge. See Custis v. United States, 511 U.S.

485, 496-97 (1994); United States v. Dean, 604 F.3d 169, 174-75 (4th Cir. 2010). Moreover, even if Fields succeeded in

invalidating one prior state felony conviction, he had at least two other prior felony convictions qualifying him as a career offender (2007). under U.S. Sentencing Guidelines Manual § 4B1.1(a)

United States v. Pettiford, 612 F.3d 270, 276-77 (4th Furthermore, the court properly calculated Fields'

Cir. 2010).

criminal history category at VI under USSG § 4B1.1(b). Accordingly, we affirm Fields' sentence. We dispense

with oral argument because the facts and legal contentions are

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adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process. AFFIRMED

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