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UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5200 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY DAESHAWN BATTLE, Defendant -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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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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

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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

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