UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4316
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LEANDRE EUGENE HARWELL,
Defendant – Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
District Judge. (1:07-cr-00287-NCT-1)
Submitted: October 10, 2008 Decided: April 7, 2009
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
James B. Craven, III, Durham, North Carolina, for Appellant.
Anna Mills Wagoner, United States Attorney, Michael A. DeFranco,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Leandre Eugene Harwell appeals the ninety-four-month
sentence he received after he pled guilty to unlawful possession
of a firearm by a convicted felon. 18 U.S.C. § 922(g)(1)
(2000). The district court also imposed a consecutive fourteen-
month sentence for a supervised release violation. We affirm.
Harwell contends that the district court erred by
imposing an upward variance sentence without giving him
reasonable notice that it might vary above the sentencing
guideline range. However, the Supreme Court recently decided
that an upward variance does not require notice under either
Fed. R. Crim. P. 32(h) or Burns v. United States, 501 U.S. 129
(1991). See Irizarry v. United States, 128 S. Ct. 2198 (2008).
We therefore affirm the judgment. * 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
*
Because appellate counsel’s brief is equivalent to a brief
filed pursuant to Anders v. California, 386 U.S. 738, 744
(1967), Harwell was advised of his right to file a pro se
supplemental brief. He did so, but did not raise any additional
claims of error. We have examined the entire record for
reversible error and found none.
2