US v. Glen McRae
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:12-cr-00651-RWT-1. Copies to all parties and the district court/agency. [999656431].. [14-4825]
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Appeal: 14-4825
Doc: 42
Filed: 09/09/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4825
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GLEN EVERRIC MCRAE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:12-cr-00651-RWT-1)
Submitted:
August 31, 2015
Decided:
September 9, 2015
Before DUNCAN, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin J. McCants, Washington, D.C., for Appellant.
Rod J.
Rosenstein, United States Attorney, Adam K. Ake, Assistant
United States Attorney, Jennifer L. Wine, Special Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-4825
Doc: 42
Filed: 09/09/2015
Pg: 2 of 2
PER CURIAM:
Glen
Everric
McRae
pled
guilty
to
being
a
felon
in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)
(2012),
and
was
sentenced
41
months’
imprisonment.
McRae
appeals, arguing that the district court erred by failing to
recommend that the Bureau of Prisons credit a period of state
incarceration
toward
his
federal
sentence.
“Because
[such]
recommendations are not binding on the Bureau of Prisons, they
are
neither
§ 1291
nor
appealable
as
a
as
‘final
‘final
decisions’
sentence’
under
18
under
U.S.C.
28
U.S.C.
§ 3742.”
United States v. Yousef, 327 F.3d 56, 165 (2d Cir. 2003); accord
United States v. Ceballos, 671 F.3d 852, 855 (9th Cir. 2011)
(collecting cases and noting that “[e]very other circuit that
has confronted this issue has reached a similar conclusion”).
Accordingly, we dismiss this appeal for lack of jurisdiction.
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
DISMISSED
2
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