US v. Mario Holifield
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:15-cr-00009-JPJ-PMS-1 Copies to all parties and the district court/agency. .. [16-4018]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
MARIO ANTWAINE HOLIFIELD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap.
James P. Jones,
District Judge. (2:15-cr-00009-JPJ-PMS-1)
March 30, 2017
April 3, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Larry W. Shelton, Federal Public Defender, Nancy C. Dickenson,
Assistant Federal Public Defender, Abingdon, Virginia, for
Appellant. John P. Fishwick, Jr., United States Attorney, Jean
B. Hudson, Assistant United States Attorney, Charlottesville,
Virginia, Debbie H. Stevens, OFFICE OF THE UNITED STATES
ATTORNEY, Beaver, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
imposed following his guilty plea to four controlled substance
offender under U.S. Sentencing Guidelines Manual § 4B1.1 (2014).
The Government seeks to invoke Holifield’s appellate waiver if
remain career offender predicates.
Holifield has two prior convictions for manslaughter, in
violation of Alabama law.
The Alabama manslaughter statute,
Ala. Code § 13A-6-3, corresponds to the generic definition of
Peterson, 629 F.3d 432, 436–37 (4th Cir. 2011).
predicate crimes is foreclosed by the Supreme Court’s recent
vagueness challenges under the Due Process Clause.”
United States, ___ S. Ct. ___, No. 15-8544, 2017 WL 855781, at
*3 (U.S. Mar. 6, 2017).
Holifield does not dispute that his
appellate waiver was knowing and voluntary, and his sentencing
challenge falls squarely within the scope of the waiver.
Accordingly, we dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are adequately
Pg: 3 of 3
presented in the materials before this court and argument would
not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?