United States v. McBride

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4664 GEORGE MCBRIDE, a/k/a Benzo, Defendant-Appellant.  Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-00-69) Submitted: July 29, 2002 Decided: August 7, 2002 Before WILLIAMS and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL D. Garrison Hill, HILL & HILL, L.L.C., Greenville, South Carolina, for Appellant. Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik, Assistant United States Attorney, Asheville, North Caro- lina, for Appellee. 2 UNITED STATES v. MCBRIDE Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: George McBride appeals his conviction and life sentence for con- spiracy to possess with intent to distribute at least five kilograms of cocaine, in violation of 18 U.S.C. § 846 (2000). We affirm. McBride contends the district court improperly sentenced him as a career offender. We review the district court’s decision to apply the career offender guideline de novo. United States v. Williams, 29 F.3d 172, 173 (4th Cir. 1994). A defendant is a career offender if: (1) he is at least eighteen years old when the instant offense was committed; (2) the instant offense is a felony and is either a crime of violence or a drug offense; and (3) he has at least two prior felony convictions for crimes of violence or drug offenses. U.S. Sentencing Guidelines Man- ual § 4B1.1 (1998). The district court properly determined McBride has two prior felony convictions for crimes of violence. See USSG § 4B1.2, comment (n.1). Therefore, we find McBride was properly sentenced as a career offender. Accordingly, we affirm McBride’s conviction and sentence. We deny McBride’s motion to file an informal supplemental brief.* We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu- ment would not aid the decisional process. AFFIRMED *We note that the issue McBride seeks to assert under Apprendi v. New Jersey, 530 U.S. 466 (2000), is meritless.