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United States v. Stye Coleman, 4th Cir. (2012)
United States v. Stye Coleman, 4th Cir. (2012)
No. 11-4779
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Terrence W. Boyle,
District Judge. (4:10-cr-00050-BO-1)
Submitted:
Decided:
PER CURIAM:
Stye Lamar Coleman pled guilty, with the benefit of a
written plea agreement, to conspiring to distribute more than
fifty
grams
of
cocaine
base
and
quantity
of
cocaine,
in
of
drug
924(c)(1)(A)
trafficking
(2006).
crime,
The
in
district
violation
court
of
18
sentenced
and,
pursuant
to
the
plea
agreement,
the
at
sentencing
and
his
classification
as
career
of
the
knowingly
Fed.
sentence
and
and
R.
Crim.
P.
voluntarily
that
the
11
hearing,
waived
challenge
his
to
we
right
the
conclude
to
Coleman
appeal
career
his
offender
part
the
Governments
motion
to
Accordingly, we grant
dismiss
and
dismiss
the
the first time on appeal that he did not have the requisite
predicate felony offense to support the now-dismissed felon-inpossession charge, his failure to raise this argument before
trial does not waive it . . . [b]ut . . . restricts our review
to plain error.
Cir. 2011).
we
grant
the
Governments
motion
to
We deny
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED IN PART;
DISMISSED IN PART