United States v. Grady

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4261 ROBERT LEE GRADY, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (CR-00-89) Submitted: April 16, 2002 Decided: May 7, 2002 Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL Terry F. Rose, Smithfield, North Carolina, for Appellant. John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Jennifer May-Parker, Assistant United States Attor- ney, Raleigh, North Carolina, for Appellee. 2 UNITED STATES v. GRADY Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Robert Lee Grady pled guilty, pursuant to a written plea agreement, to one count of assault with a deadly weapon on a United States Postal employee, Janet Hughes, 18 U.S.C.A. § 111(a), (b) (West 2000), and one count of use of a firearm in relation to a crime of vio- lence, 18 U.S.C. § 924(c) (1994). Grady was sentenced to a term of imprisonment of 216 months. On appeal, Grady contends that the dis- trict court erred in accepting his guilty plea without requiring the Government to provide a factual basis for the assertion that Janet Hughes was a government employee. We affirm Grady’s conviction. Because Grady did not raise this claim in the district court, our review is for plain error. See United States v. Martinez, 277 F.3d 517, 524-25 (4th Cir. 2002). Under Fed. R. Crim. P. 11(f), a court may sat- isfy the factual basis requirement by examining the presentence report. Martinez, 277 F.3d at 532 (citing United States v. Graves, 106 F.3d 342, 345 (10 Cir. 1997)). The district court’s finding of a factual basis is reviewed for abuse of discretion. Martinez, 277 F.3d at 531. We find the district court did not abuse its discretion in relying on the presentence report to satisfy the factual basis requirement of Rule 11(f). The presentence report described Hughes as a United States Postal Service Rural Route Carrier. Further, Grady admitted at the plea hearing that he was guilty of assaulting a government employee. We find there was an adequate factual basis to support Grady’s con- viction. Accordingly, we affirm the judgment. We dispense with oral argument because the facts and legal contentions are adequately pre- sented in the material before the court and argument would not aid in the decisional process. AFFIRMED