United States v. Dennis, 4th Cir. (2006)
United States v. Dennis, 4th Cir. (2006)
No. 06-4110
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (1:03-cr-00303-NCT)
Submitted:
Decided:
PER CURIAM:
This appeal is before the court after our limited remand
for resentencing under United States v. Booker, 543 U.S. 220
(2005).
United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir. 2005).
After Booker, courts must calculate the appropriate guideline
consider
the
resulting
advisory
United States v.
The court then
guideline
range
in
Davenport,
While it
is true that the district court made such factual findings, this
does not result in an unlawful sentence, as long as the sentence
does not exceed the limits of the statute of conviction.
Indeed,
in
order
to
appropriately
determine
the
defendants
- 3 -
we
find
that
the
resulting
235-month
sentence
on
the
drug
United States v. Montes-Pineda, 445 F.3d 375, 380 (4th Cir. 2006),
petition for cert. filed,
U.S.L.W.
(No. 06-5439).
As required by Anders, we have reviewed the entire record
and have found no meritorious issues for appeal.
affirm Dennis sentence.
We therefore
AFFIRMED
- 4 -