UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4081
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCUS ANTONIO MCSWAIN,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
District Judge. (1:05-cr-00369-NCT)
Submitted: October 17, 2007 Decided: October 31, 2007
Before MOTZ and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Anna Mills Wagoner, United States
Attorney, Michael F. Joseph, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcus A. McSwain pled guilty to one count of possession
of a firearm by a convicted felon, in violation of 18 U.S.C.
§§ 922(g)(1), 924(a)(2) (2000), pursuant to North Carolina v.
Alford, 400 U.S. 25 (1970). On appeal, he challenges the district
court’s imposition of the statutory maximum sentence of 120 months’
imprisonment.
We find that the district court properly applied the
Sentencing Guidelines and considered the relevant sentencing
factors before imposing the 120-month sentence. 18 U.S.C.A.
§ 3553(a) (West 2000 & Supp. 2007). Additionally, we find that the
sentence imposed was reasonable. See United States v. Johnson, 445
F.3d 339, 341 (4th Cir. 2006); Rita v. United States, 127 S. Ct.
2456, 2462-69 (2007) (upholding presumption of reasonableness
accorded within-guidelines sentence). Accordingly, we affirm
McSwain’s 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.
AFFIRMED
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