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    United States v. Burress, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed Thomas Burress' conviction and 210-month sentence for possession with intent to distribute crack cocaine, as well as his 48-month sentence for violation of supervised release. The court found that the district court did not abuse its discretion in denying Burress' motion to withdraw his guilty plea. Additionally, the court found that the Government did not breach the plea agreement and that there was no reversible error in revoking Burress' supervised release or in the sentences imposed.

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    United States v. Burress, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed Thomas Burress' conviction and 210-month sentence for possession with intent to distribute crack cocaine, as well as his 48-month sentence for violation of supervised release. The court found that the district court did not abuse its discretion in denying Burress' motion to withdraw his guilty plea. Additionally, the court found that the Government did not breach the plea agreement and that there was no reversible error in revoking Burress' supervised release or in the sentences imposed.

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    Filed: 2000-09-18 Precedential Status: Non-Precedential Docket: 99-4637

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    The United States Court of Appeals for the Fourth Circuit affirmed Thomas Burress' conviction and 210-month sentence for possession with intent to distribute crack cocaine, as well as his 48-month sentence for violation of supervised release. The court found that the district court did not abuse its discretion in denying Burress' motion to withdraw his guilty plea. Additionally, the court found that the Government did not breach the plea agreement and that there was no reversible error in revoking Burress' supervised release or in the sentences imposed.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    9 views3 pages

    United States v. Burress, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Thomas Burress' conviction and 210-month sentence for possession with intent to distribute crack cocaine, as well as his 48-month sentence for violation of supervised release. The court found that the district court did not abuse its discretion in denying Burress' motion to withdraw his guilty plea. Additionally, the court found that the Government did not breach the plea agreement and that there was no reversible error in revoking Burress' supervised release or in the sentences imposed.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-4637

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    THOMAS ANTHONY BURRESS,
    Defendant - Appellant.

    No. 99-4638

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    THOMAS ANTHONY BURRESS,
    Defendant - Appellant.

    Appeals from the United States District Court for the Western
    District of Virginia, at Charlottesville. James H. Michael, Jr.,
    Senior District Judge. (CR-92-16-3, CR-97-3-1)

    Submitted:

    April 20, 2000

    Decided:

    September 18, 2000

    Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Edward H. Childress, Charlottesville, Virginia; T. E. McGarrity,
    Pro Bono Criminal Assistance Project, Charlottesville, Virginia for
    Appellant. Robert P. Crouch, Jr., United States Attorney, Donald
    Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Thomas Anthony Burress appeals his conviction and 210-month
    sentence following his guilty plea to possession with intent to
    distribute crack cocaine and his 48-month sentence for violation of
    supervised release.

    We affirm.

    We have reviewed the record and find the court did not abuse
    its discretion in denying Burress motion to withdraw his guilty
    plea.

    See United States v. Lambey, 974 F.2d 1389, 1394 (4th Cir.

    1992); United States v. Moore, 931 F.2d 245, 248 (4th Cir. 1991).
    We find the Government did not breach the plea agreement by failing
    to move for a reduction in Burress sentence based upon acceptance
    of responsibility.

    See U.S. Sentencing Guidelines Manual 3E1.1

    (1995). Finally, we find no reversible error in the courts ruling


    and sentence as to revocation of Burress supervised release.
    United States v. Copley, 978 F.2d 829 (4th Cir. 1992).
    we affirm the courts judgments and sentences.

    See

    Therefore,

    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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