U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. McBride

United States v. McBride
U.S. Court of Appeals for the Fourth Circuit · Decided August 7, 2002 · Williams, Gregory, Hamilton
42 F. App'x 629

United States v. McBride

Opinion

OPINION

PER CURIAM:

George McBride appeals his conviction and life sentence for conspiracy to possess with intent to distribute at least five kilograms of cocaine, in violation of 18 U.S.C. § 846 (2000). We affirm.

McBride contends the district court improperly sentenced him as a career offender. We review the district court’s decision to apply the career offender guideline de novo. United States v. Williams, 29 F.3d 172, 173 (4th Cir. 1994). A defendant is a career offender if: (1) he is at least eighteen years old when the instant offense was committed; (2) the instant offense is a felony and is either a crime of violence or a drug offense; and (3) he has at least two prior felony convictions for crimes of violence or drug offenses. U.S. Sentencing Guidelines Manual § 4B1.1 (1998). The district court properly determined McBride has two prior felony convictions for crimes of violence. See USSG § 4B1.2, comment (n. 1). Therefore, we find McBride was properly sentenced as a career offender.

Accordingly, we affirm McBride’s conviction and sentence. We deny McBride’s motion to file an informal supplemental brief. * 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.

*

We note that the issue McBride seeks to assert under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is meritless.

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