UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4739
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TRACY E. SEXTON,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-98-81)
Submitted: April 15, 1999 Decided: April 21, 1999
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Hunt L. Charach, Federal Public Defender, George H. Lancaster, Jr.,
Assistant Federal Public Defender, Charleston, West Virginia, for
Appellant. Rebecca A. Betts, United States Attorney, Susan M.
Arnold, Assistant United States Attorney, Charleston, West Vir-
ginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tracy E. Sexton appeals his sentence imposed after a guilty
plea to interstate transportation of stolen goods. Because Sexton
was on bond for an Illinois conviction at the time he committed the
instant offense, the district court added two additional criminal
history points under U.S. Sentencing Guidelines Manual § 4A1.1(d)
(Nov. 1997) (“[a]dd 2 points if the defendant committed the instant
offense while under any criminal justice sentence, including pro-
bation, parole, supervised release, imprisonment, work release, or
escape status”). On appeal, Sexton contends that he was not under
a “criminal justice sentence” for purposes of § 4A1.1(d), because
he had been released on bond to self-report for imprisonment at the
time of the offense. We disagree.
After review of the parties’ arguments and the record before
us, we affirm on the district court’s reasoning from the bench at
Sexton’s sentencing. See J.A. at 23-24; see also United States v.
Damon, 127 F.3d 139, 147 (1st Cir. 1997). 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
2