UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-5030
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DWAYNE MICHAEL WRAY, a/k/a Dwayne Michael Ray,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,
Senior District Judge. (2:01-cr-00065-HCM-1)
Submitted: April 23, 2012 Decided: May 2, 2012
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dwayne Michael Wray, Appellant Pro Se. Darryl James Mitchell,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dwayne Michael Wray, a federal prisoner, appeals the
district court’s order denying relief on his “Motion to Correct
an Unlawful Sentence on Federal Probation Violation.” We have
reviewed the record and find no reversible error. * Accordingly,
we affirm. United States v. Wray, No. 2:01-cr-00065-HCM-1 (E.D.
Va. Aug. 12, 2011). 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
*
In reaching this conclusion, we have assumed that Wray is
correct that the district court erred in calculating the
applicable Sentencing Guideline range. Nevertheless, even
applying the advisory Guideline range for which Wray advocates,
he was sentenced at the bottom of that range. Thus, we conclude
that Wray cannot establish that any procedural error by the
district court resulted in a greater sentence than he would have
otherwise received.
2