UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4767
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CORY A. GARRIES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:06-cr-00009-F)
Submitted: March 25, 2008 Decided: March 27, 2008
Before MOTZ, KING, and GREGORY, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Terry F. Rose, Smithfield, North Carolina, for Appellant. George
E. B. Holding, United States Attorney, Anne M. Hayes, Banumathi
Rangarajan, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cory A. Garries pled guilty to a criminal information
charging him with sexual abuse, 18 U.S.C.A. § 2242 (West 2000
& Supp. 2007), and was sentenced to a term of twenty years
imprisonment and a life term of supervised release. In this
appeal, Garries contests a four-level adjustment for aggravated
sexual abuse applied by the district court under U.S. Sentencing
Guidelines Manual § 2A3.1(b)(1) (2006), and also argues that his
life term of supervised release exceeded the statutory maximum. We
affirm in part and dismiss in part.
In his plea agreement, Garries waived appellate review
of “any issues that relate to the establishment of the advisory
guideline range . . . .” Our review of the record discloses that
the district court advised him about the waiver provision at the
guilty plea hearing, and that his waiver was knowing and voluntary.
See United States v. General, 278 F.3d 389, 399-401 (4th Cir.
2002). Further, under 18 U.S.C.A. § 3583(k) (West 2000 & Supp.
2007), for a violation of § 2242, “the authorized term of
supervised release . . . is any term of years not less than five,
or life.”
We therefore affirm the sentence imposed by the district
court, but dismiss that portion of the appeal in which Garries
contests the calculation of his advisory guideline range. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART
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