US v. Marco Wigfall
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00039-FDW-9 Copies to all parties and the district court/agency. .. [15-4538]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:09-cr-00039-FDW-9)
March 1, 2016
March 17, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew Nis Leerberg, SMITH MOORE LEATHERWOOD LLP, Raleigh,
North Carolina, Kip D. Nelson, SMITH MOORE LEATHERWOOD LLP,
Greensboro, North Carolina, for Appellant.
Rose, United States Attorney, Amy E. Ray, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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revoking his supervised release and sentencing him to 12 months’
unreasonable because the district court mistakenly believed that
Wigfall’s revocation sentence had to run consecutively to his
state prison sentence.
discretion to impose a concurrent or consecutive sentence.
We have reviewed the record and conclude
United States v. Thompson, 595 F.3d 544, 546-47 (4th Cir. 2010)
(discussing non-binding nature of policy statements concerning
We dispense with oral argument because the facts and
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