UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4326
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES PATRICK MONDELL,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CR-04-109)
Submitted: January 4, 2006 Decided: January 11, 2006
Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
William N. Nettles, Columbia, South Carolina, for Appellant.
Jonathan S. Gasser, United States Attorney, Kevin F. McDonald,
Assistant United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Patrick Mondell appeals the forty-one-month sentence
imposed upon him on February 17, 2005, in the District of South
Carolina. His sentence followed his guilty plea to a single
offense of conspiring to file false income tax claims, in
contravention of 18 U.S.C. § 286. In connection with his guilty
plea, Mondell entered into a plea agreement with the Government,
which included several sentencing stipulations.
On appeal, Mondell contends that the district court erred in
cross-referencing § 2T1.1 of the Sentencing Guidelines, because
that provision was not included in the plea agreement’s sentencing
stipulations. As Mondell acknowledges, however, the agreement
expressly provides that “[t]he Defendant understands that these
stipulations are not binding upon the Court.” J.A. 19. On these
plain terms, the court was not bound by the plea agreement’s
sentencing stipulations, and we must accordingly affirm Mondell’s
sentence. We dispense with oral argument because the facts and
legal contentions of this appeal are adequately presented in the
materials before the Court and argument would not aid us in the
decisional process.
AFFIRMED
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