UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4886
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICKY MOORE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-98-183)
Submitted: July 22, 1999 Decided: July 28, 1999
Before ERVIN, HAMILTON, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian M. Aus, Durham North Carolina, for Appellant. Walter C.
Hotton, Jr., United States Attorney, Lisa B. Boggs, Assistant
United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ricky Moore appeals his sentence of 132 months following his
conviction on one count of distribution of cocaine base in vio-
lation of 21 U.S.C. § 841(a)(1) (1994). Moore contends that the
court erred in sentencing him as career offender because two of his
three prior felonies were crimes that he contends should not be
considered as felonies for purposes of his sentence calculation.
We have previously rejected each of Moore’s arguments in relation
to his career offender status, and we see no reason to deviate from
our prior precedent. See United States v. Johnson, 114 F.3d 435,
445 (4th Cir. 1997) (holding that federal sentencing court is not
bound by subsequent state action changing state crime from felony
to misdemeanor); United States v. Raynor, 939 F.2d 191, 194-95 (4th
Cir. 1991) (holding that state characterization of offense as a
misdemeanor does not limit determination as a felony by a federal
court). In addition, the evidence fully supported the district
court’s refusal to grant a four point reduction in the offense
level based on Moore’s role in the offense. Accordingly, we affirm
the sentence imposed by the district court. 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