UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4934
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
THOMAS W. SAYE, III,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Margaret B. Seymour, District Judge.
(CR-02-317)
Submitted: June 26, 2003 Decided: July 15, 2003
Before WIDENER, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Cameron B. Littlejohn, Jr., Columbia, South Carolina, for
Appellant. J. Strom Thurmond, Jr., United States Attorney, William
C. Lucius, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas W. Saye, III, appeals his fifteen month sentence
pursuant to his guilty plea to counterfeiting money, in violation
of 18 U.S.C. § 371 (2000). On appeal, Saye asserts the district
court erred by increasing his offense level by six points pursuant
to U.S. Sentencing Guidelines Manual § 2B5.1(b)(2)(A), (b)(3)
(2001).
In reviewing a district court’s application of the sentencing
guidelines, this Court reviews factual determinations for clear
error and legal questions de novo; mixed questions of law and fact
are reviewed under a standard that gives due deference to the
district court. United States v. Nale, 101 F. 3d 1000, 1003 (4th
Cir. 1996). Applying these standards, we conclude Saye’s claim is
meritless. The district court considered proper factors in
determining Saye’s sentence should be enhanced under USSG
§ 2B5.1(b)(2)(A), (b)(3), and it therefore did not err by
increasing his offense level by six points. See United States v.
Miller, 77 F.3d 71, 76 (1996).
Accordingly, we affirm Saye’s conviction and sentence. 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 in the decisional process.
AFFIRMED
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