US v. Glen McRae, No. 14-4825 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4825 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GLEN EVERRIC MCRAE, Defendant - Appellant.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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 § 1291 nor appealable as a as ‘final ‘final decisions’ sentence’ under 18 under U.S.C. 28 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 contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. DISMISSED 2

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