US v. Burress (4th Cir. 2000)

Federal Circuits, 4th Cir. (September 18, 2000)

Docket number: 99-4637

Permanent Link: http://vlex.com/vid/us-v-burress-18261126
Id. vLex: VLEX-18261126

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U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. Arch A. Moore, Jr., Defendant-Appellant., 931 F.2d 245 (4th Cir. 1991)

U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. Sammy Ray Copley, Defendant-Appellant., 978 F.2d 829 (4th Cir. 1992)

U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. Dean A. Lambey, Defendant-Appellant., 974 F.2d 1389 (4th Cir. 1992)

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Text:

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-4637 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

THOMAS ANTHONY BURRESS, Defendant - Appellant. No. 99-4638 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

THOMAS ANTHONY BURRESS, Defendant - Appellant. Appeals from the United States District Court for the Western

District of Virginia, at Charlottesville. James H. Michael, Jr.,

Senior District Judge. (CR-92-16-3, CR-97-3-1)

Submitted: April 20, 2000 Decided: September 18, 2000

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward H. Childress, Charlottesville, Virginia; T. E. McGarrity,

Pro Bono Criminal Assistance Project, Charlottesville, Virginia for

Appellant. Robert P. Crouch, Jr., United States Attorney, Donald

Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Thomas Anthony Burress appeals his conviction and 210-month sentence following his guilty plea to possession with intent to distribute crack cocaine and his 48-month sentence for violation of supervised release. We affirm.

We have reviewed the record and find the court did not abuse its discretion in denying Burress’ motion to withdraw his guilty plea. See United States v. Lambey , 974 F.2d 1389, 1394 (4th Cir. 1992); United States v. Moore , 931 F.2d 245, 248 (4th Cir. 1991). We find the Government did not breach the plea agreement by failing to move for a reduction in Burress’ sentence based upon acceptance of responsibility. See U.S. Sentencing Guidelines Manual § 3E1.1 (1995). Finally, we find no reversible error in the court’s ruling and sentence as to revocation of Burress’ supervised release. See United States v. Copley , 978 F.2d 829 (4th Cir. 1992). Therefore, we affirm the court’s judgments and sentences. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED