US v. Anthony Battle

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00026-WO-1 Copies to all parties and the district court/agency. [998441196] [09-5200]

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US v. Anthony Battle Doc. 0 Case: 09-5200 Document: 27 Date Filed: 10/07/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5200 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY DAESHAWN BATTLE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, Jr., District Judge. (1:09-cr-00026-WO-1) Submitted: September 30, 2010 Decided: October 7, 2010 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael E. Archenbronn, LAW OFFICE OF MICHAEL E. ARCHENBRONN, Winston-Salem, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Graham T. Green, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 09-5200 Document: 27 Date Filed: 10/07/2010 Page: 2 PER CURIAM: Anthony Daeshawn Battle appeals the 146-month sentence imposed following a guilty plea to armed bank robbery in violation of 18 U.S.C. 2113(a), (d) (2006), and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c)(1)(A) (2006). On appeal, Battle contends that the district court erred by applying a four-level increase to his offense level under U.S. Sentencing Guidelines Manual ("USSG") 2B3.1(b)(4)(A) (2008) for abducting We affirm. abuse of a bank employee during the commission of the robbery. We review a sentence under a deferential discretion standard. (2007). "In Gall v. United States, 552 U.S. 38, 51 whether a sentencing court properly assessing applied the Guidelines, we review the court's factual findings for clear error and its legal conclusions de novo. United States v. Osborne, 514 F.3d 377, 387 (4th Cir. 2008) (internal quotation marks omitted). The term "abducted" "means that a victim was forced to accompany an offender to a different location." comment. (n. 1(A)). confines different (internal abduction of a single . USSG 1B1.1, We have held that "movement within the building . . ." can constitute 514 movement F.3d a at to a location quotation can Osborne, 389-90 marks omitted). an abduction 2 "[E]ven for temporary of the constitute purposes Case: 09-5200 Document: 27 Date Filed: 10/07/2010 Page: 3 sentencing guidelines." 1003 (4th Cir. 1996). United States v. Nale, 101 F.3d 1000, We have adopted a "flexible, case by case approach to determin[e] when movement to a different location has occurred." marks omitted). Osborne, 514 F.3d at 390 (internal quotation Our review of the record leads us to conclude that Battle abducted the bank employee during the commission of the robbery, and the district court did not err in applying a four-level enhancement to his offense level. Accordingly, we affirm Battle'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 3

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