United States of America v. David Darrell David

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-5149
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID DARRELL DAVID,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:08-cr-00011-LHT-1)
Submitted: August 27, 2009 Decided: September 10, 2009
Before MICHAEL, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Claire J. Rauscher, Executive Director, Fredilyn Sison, FEDERAL
DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North
Carolina, for Appellant. Edward R. Ryan, Acting United States
Attorney, Mark A. Jones, Assistant United States Attorney,
Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Darrell David appeals the district court’s
judgment entered pursuant to David’s guilty plea to failure to
register as a sex offender, in violation of 18 U.S.C. § 2250
(2006), by failing to register in North Carolina as a sex
offender. David reserved the right to appeal the district
court’s denial of his motion to dismiss the indictment against
him, and raises various arguments on appeal supporting his
contention that denial of the motion was erroneous. We have
reviewed the record and find no reversible error in light of our
recent dispositive decision in United States v. Gould, 568 F.3d
459 (4th Cir. 2009), which is neither factually nor legally
distinguishable from the present case. Accordingly, we affirm
the district court’s judgment. 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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