United States of America v. Adam Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4659
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ADAM SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CR-04-60)
Submitted: March 18, 2005 Decided: April 22, 2005
Before MOTZ, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, George H. Lancaster,
Jr., Assistant Federal Public Defender, Jonathan D. Byrne,
Charleston, West Virginia, for Appellant. Kasey Warner, United
States Attorney, Miller A. Bushong III, Assistant United States
Attorney, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Pursuant to a plea agreement, Adam Smith pled guilty to
aiding and abetting the possession with intent to distribute heroin
and was sentenced to fifteen months of imprisonment and three years
of supervised release. Thereafter, the district court
alternatively gave Smith the same sentence without considering the
Federal Sentencing Guidelines.
On appeal, Smith objects to the imposition of his
alternative sentence. Smith, however, does not challenge the
propriety of his Guideline sentence; thus, any error in his
alternative sentence is moot. Accordingly, we affirm Smith’s
conviction and sentence. 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

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