US v. Anthony Merrick

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for abeyance (Local Rule 12(d)) [998633370-2] Originating case number: 2:94-cr-00163-RBS-19 Copies to all parties and the district court/agency. [998715583]. Mailed to: Merrick. [11-6438]

Appeal: 11-6438

Document: 12

Date Filed: 11/03/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6438

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY MERRICK, a/k/a “C”,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:94-cr-00163-RBS-19)

Submitted:

October 19, 2011

Decided:

November 3, 2011

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Merrick, Appellant Pro Se. Laura Pellatiro Tayman,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6438

Document: 12

Date Filed: 11/03/2011

Page: 2 of 2

PER CURIAM:
Anthony Merrick appeals the district court’s orders:
denying his motion seeking relief under the Fair Sentencing Act
of 2010; and denying his motion for reconsideration.
reviewed the record and find no reversible error.

We have

Accordingly,

we affirm for the reasons stated by the district court.

United

States v. Merrick, No. 2:94-cr-00163-RBS-19 (E.D. Va. Feb. 3 &
Mar.

2011). *

7,

We

deny

the

motion

to

place

this

case

in

abeyance and dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

*

We recently held that the Fair Sentencing Act of 2010 does
not apply retroactively to defendants sentenced prior to
August 3, 2010, the effective date of the Act. United States v.
Bullard, 645 F.3d 237 (4th Cir. 2011).
Merrick is such a
defendant.

2