United States of America v. Glen Everric McRae

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4825
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GLEN EVERRIC MCRAE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:12-cr-00651-RWT-1)
Submitted: August 31, 2015 Decided: September 9, 2015
Before DUNCAN, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin J. McCants, Washington, D.C., for Appellant. Rod J.
Rosenstein, United States Attorney, Adam K. Ake, Assistant
United States Attorney, Jennifer L. Wine, Special Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Glen Everric McRae pled guilty to being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)
(2012), and was sentenced 41 months’ imprisonment. McRae
appeals, arguing that the district court erred by failing to
recommend that the Bureau of Prisons credit a period of state
incarceration toward his federal sentence. “Because [such]
recommendations are not binding on the Bureau of Prisons, they
are neither appealable as ‘final decisions’ under 28 U.S.C.
§ 1291 nor as a ‘final sentence’ under 18 U.S.C. § 3742.”
United States v. Yousef, 327 F.3d 56, 165 (2d Cir. 2003); accord
United States v. Ceballos, 671 F.3d 852, 855 (9th Cir. 2011)
(collecting cases and noting that “[e]very other circuit that
has confronted this issue has reached a similar conclusion”).
Accordingly, we dismiss this appeal for lack of jurisdiction.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED

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