UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4627
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCUS GOSSETT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. G. Ross Anderson, Jr., Senior
District Judge. (7:02-cr-00248-GRA-23)
Submitted: December 16, 2009 Decided: February 2, 2010
Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Benjamin T. Stepp, Assistant Federal Public Defender,
Greenville, South Carolina, for Appellant. W. Walter Wilkins,
United States Attorney, E. Jean Howard, Assistant United States
Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcus Gossett appeals the district court’s order
revoking his supervised release and sentencing him to five
months in prison, followed by a five-year term of supervised
release. Gossett argues that the district court’s orally
pronounced sentence conflicts with the written judgment.
Where a conflict exists between an orally pronounced
sentence and the written judgment, the oral sentence controls.
Fed. R. Crim. P. 35(c) (“‘[S]entencing’ means the oral
announcement of the sentence.”); United States v. Osborne, 345
F.3d 281, 283 n.1 (4th Cir. 2003). The record establishes that
the district court imposed a five-month active prison term to be
followed by a five-year term of supervised release, in its oral
pronouncement of the sentence. This is precisely the sentence
recited in the written judgment. Thus, there is simply no
conflict between the sentence imposed in open court and the
sentence reflected in the written judgment. Nor do we find the
oral pronouncement of sentence ambiguous or unclear.
Accordingly, we affirm. 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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