US v. Julius Nesbitt

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:08-cr-01153-DCN-1 Copies to all parties and the district court/agency. [999612941]. Mailed to: Nesbit. [15-6274]

Appeal: 15-6274

Doc: 7

Filed: 07/01/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6274

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JULIUS NESBITT, a/k/a Butch,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:08-cr-01153-DCN-1)

Submitted:

June 23, 2015

Before DUNCAN and
Circuit Judge.

KEENAN,

Decided:

Circuit

Judges,

and

July 1, 2015

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Julius Nesbitt, Appellant Pro Se. Emmanuel Joseph Ferguson,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6274

Doc: 7

Filed: 07/01/2015

Pg: 2 of 2

PER CURIAM:
Julius Nesbitt appeals the district court’s order denying
his motion to correct the court’s amended criminal judgment.
have reviewed the record and find no reversible error.

We

To the

extent the district court’s oral pronouncements at sentencing
created

any

unambiguously

ambiguity,

we

clarified

its

find

that

intent.

its
See

written
United

judgment
States

v.

Osborne, 345 F.3d 281, 283 n.1 (4th Cir. 2003) (holding that
when the sentencing transcript is ambiguous, we look to written
criminal judgment to resolve ambiguity).
the

district

court’s

order.

We

Accordingly, we affirm

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED

2