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United States v. McClain, 4th Cir. (2006)
United States v. McClain, 4th Cir. (2006)
No. 05-4659
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-04-1012)
Submitted:
Decided:
PER CURIAM:
Tony Lamont McClain appeals from the 120-month sentence
imposed following his guilty plea to possession of a firearm as a
convicted felon, in violation of 18 U.S.C. 922(g)(1) and 924
(2000), possession with intent to distribute a quantity of crack
cocaine, in violation of 21 U.S.C. 841(a)(1) & (b)(1)(B) (2000),
and use of a firearm in furtherance of a drug trafficking crime, in
violation of 18 U.S.C. 924(c)(1)(A) (2000).
McClains counsel
Because our
We disagree.
McClain admitted to
18 U.S.C. 924(c)(1)(A).
mandatory
minimums,
the
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ten-year
sentence
was
the
McClains guilty
the offenses charged, and the maximum sentences for the offenses.
The court also determined that there was an independent factual
basis for the plea and that the plea was not coerced or influenced
by any promises.
(1970); United States v. DeFusco, 949 F.2d 114, 119-20 (4th Cir.
1991).
are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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