United States of America v. Marco Wigfall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4538
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCO WIGFALL,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
Chief District Judge. (3:09-cr-00039-FDW-9)
Submitted: March 1, 2016 Decided: March 17, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew Nis Leerberg, SMITH MOORE LEATHERWOOD LLP, Raleigh,
North Carolina, Kip D. Nelson, SMITH MOORE LEATHERWOOD LLP,
Greensboro, North Carolina, for Appellant. Jill Westmoreland
Rose, United States Attorney, Amy E. Ray, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marco Wigfall appeals the district court’s judgment
revoking his supervised release and sentencing him to 12 months’
imprisonment. Wigfall argues that his sentence was plainly
unreasonable because the district court mistakenly believed that
Wigfall’s revocation sentence had to run consecutively to his
state prison sentence. We have reviewed the record and conclude
that the district court correctly understood that it had
discretion to impose a concurrent or consecutive sentence. See
U.S. Sentencing Guidelines Manual § 7B1.3(f) (2009) (policy
statement expressing preference for consecutive sentences);
United States v. Thompson, 595 F.3d 544, 546-47 (4th Cir. 2010)
(discussing non-binding nature of policy statements concerning
revocation). Accordingly, we affirm the district court’s
judgment. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED

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