UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4946
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERRY WILLIAM STEWART,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Lacy H. Thornburg,
District Judge. (CR-01-11)
Submitted: February 12, 2007 Decided: March 26, 2007
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eric A. Bach, Charlotte, North Carolina, for Appellant. Gretchen
C. F. Shappert, United States Attorney, Thomas Cullen, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
A jury found Appellant Terry William Stewart guilty of
several offenses arising out of a Ponzi scheme. We previously
affirmed the convictions but vacated the sentence and remanded for
resentencing pursuant to the rules announced in United States v.
Booker, 543 U.S. 220 (2005). United States v. Stewart, No. 03-
4775, 2005 WL 855912 (4th Cir. Apr. 14, 2005) (unpublished), cert.
denied, 126 S. Ct. 228 (Oct. 3, 2005) (No. 05-5332). At
resentencing, the district court used the calculations under the
sentencing guidelines it used at the initial sentencing. When it
imposed the new sentence, the court was aware of the advisory
nature of the guidelines and it considered the 18 U.S.C.A.
§ 3553(a) (West 2000 & Supp. 2006) factors. Stewart claims the
sentence was not reasonable because the court erred in determining
the amount of loss for sentencing purposes. We affirm.
This court reviews a sentence for reasonableness.
Booker, 543 U.S. at 261. We find the error with respect to the
calculation of the amount of loss under the guidelines was
harmless. See United States v. Curbelo, 343 F.3d 272, 286 (4th
Cir. 2003).
Accordingly, we affirm the 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 the decisional process.
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AFFIRMED
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