US v. McGee, No. 07-4686 (4th Cir. 2007)

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The court issued a subsequent related opinion or order on March 17, 2008.

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Rehearing granted, March 17, 2008 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-4686 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LENARDO RODRIKUS MCGEE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:06-cr-00444-JAB) Submitted: October 31, 2007 Decided: December 4, 2007 Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, William C. Ingram, First Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, David P. Folmar, Jr., Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lenardo sentence. Rodrikus McGee appeals from his 117-month He contends that the district court erred in declining to vary from the advisory Sentencing Guidelines range on the basis of the harshness of the Guidelines 100:1 crack-to-powder cocaine ratio. McGee s claim is barred by our prior decision that a sentencing court cannot vary from the advisory Sentencing Guidelines range based on a disagreement with the sentencing disparity for crack and powder cocaine offenses. See United States v. Eura, 440 F.3d 625, 633-34 (4th Cir. 2006), petition for cert. filed, __ U.S.L.W. __ (U.S. June 20, Accordingly, we affirm McGee s sentence. 2006) (No. 05-11659). 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 - 2 -

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