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United States v. Waycaster, 4th Cir. (2008)
United States v. Waycaster, 4th Cir. (2008)
No. 07-4612
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Lacy H. Thornburg,
District Judge. (2:06-cr-00031-LHT)
Submitted:
Decided:
January 9, 2008
PER CURIAM:
Bradley
sentence
after
Dale
Waycaster
pleading
guilty
appeals
to
from
possession
his
with
262-month
intent
to
Anders v. California, 386 U.S. 738 (1967), stating that there are
no meritorious issues for appeal, but asking this court to review
whether the district court violated Waycasters Fifth and Sixth
Amendment rights by enhancing his sentence, pursuant to U.S.
Sentencing Guidelines Manual (USSG) 4B1.1 (2006), based on
prior convictions that had not been found by a jury or admitted by
him.
failed
to
object
to
the
district
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occasion
of
prior
offenses
are
facts
The nature
inherent
in
the
did
not
err
in
using
Waycasters
prior
convictions
in
provided
the
Government
with
information
and
should
have
However,
Nor is
there any evidence in the record that the refusal was based on an
unconstitutional motive.
185-86 (1992).
We
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If the client
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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