UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4600
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RASHON EDWARDS, a/k/a Jamari Blane,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (CR-03-313)
Submitted: February 25, 2005 Decided: April 5, 2005
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Frank D. Whitney, United States Attorney, Anne M.
Hayes, Christine Witcover Dean, Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rashon Edwards appeals from the district court’s order
revoking his supervised release and sentencing him to twenty-four
months in prison. On appeal, Edwards asserts that the district
court erred when it sentenced him to a term of imprisonment above
the term of eight to fourteen months recommended by the sentencing
guidelines. See U.S. Sentencing Guidelines Manual § 7B1.4, p.s.
(2004). We affirm.
Counsel concedes that the sentencing ranges set forth in
Chapter Seven of the guidelines are advisory and non-binding. See
United States v. Davis, 53 F.3d 638, 640-41 (4th Cir. 1995).
Edwards does not suggest that the sentence was not statutorily
authorized. Further, it is clear from the record that the
recommended guideline range “was within the district court’s
contemplation.” See id. at 642. Finally, the district court
explained its reasons for imposing the longer sentence. We
conclude that the district court exercised its informed discretion
by imposing a sentence of twenty-four months.
We accordingly affirm. 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
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