UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4935
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GERALD ELLSWORTH GENERETTE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (CR-98-67)
Submitted: February 24, 2006 Decided: March 10, 2006
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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:
Gerald E. Generette appeals from the district court’s
order revoking his supervised release and imposing a twenty-four
month sentence. We affirm.
Generette contends that his sentence is plainly
unreasonable because it exceeds the applicable guideline range
under U.S. Sentencing Guidelines Manual § 7B1.4(a), p.s. (2005),
and that a sentence within the guidelines would have imposed
adequate punishment. However, while the applicable guideline range
is one of the factors to be considered, it is advisory only, see
United States v. Davis, 53 F.3d 638, 640-42 (4th Cir. 1995), and we
find the district court properly considered Generette’s need for
intensive drug treatment when determining the length of his
sentence. Thus, Generette’s sentence is not plainly unreasonable.
Counsel’s motion to withdraw is denied. 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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