UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4285
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NALONE STALLINGS, a/k/a Happy, a/k/a C, a/k/a
Cowboy,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-04-176)
Submitted: November 17, 2005 Decided: November 23, 2005
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Geoffrey I. Ekenasi, TWYMAN LAW OFFICES, Charleston, West Virginia,
for Appellant. Charles T. Miller, Acting United States Attorney,
W. Chad Noel, Jr., Assistant United States Attorney, Charleston,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Nalone Stallings appeals the sentence imposed upon his
conviction for distributing cocaine in violation of 21 U.S.C.
§ 841(a)(1) (2000). Stallings asserts that the sentence imposed by
the district court was unreasonable under this court’s decision in
United States v. Hughes, 401 F.3d 540, 547 (4th Cir. 2005), because
the court applied as mandatory the sentencing range as determined
by the U.S. Sentencing Guidelines Manual (2004) and did not
adequately take into account the factors set forth in 18 U.S.C. §
3553(a) (2000).
Our review of the record makes clear that the district
court considered the guideline range as advisory and considered the
factors set out in § 3553(a) in determining Stallings’ sentence. We
conclude that his sentence is reasonable. We therefore affirm the
district court’s judgment. 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
- 2 -
United States v. Stallings
Combined Opinion