Professional Documents
Culture Documents
No. 12-4598
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:10-cr-00433-CCE-1)
Submitted:
Decided:
PER CURIAM:
Ernest Eli Cook, III, appeals his sentence of seventyeight months of imprisonment imposed on remand for possessing a
firearm
as
922(g)(1)
accordance
convicted
(2006).
with
felon,
Cooks
Anders
v.
in
violation
counsel
has
California,
of
filed
18
386
U.S.
U.S.C.
brief
738
in
(1967),
the
sentencing
supplemental
increase
in
Guidelines
his
goals
pro
se
offense
Manual
of
brief
level
USSG
18
U.S.C.
3553(a)
challenges
pursuant
to
2K2.1(b)(4)(A)
the
U.S.
two-level
Sentencing
(2010)
(2006).
and
the
We affirm.
to
sentencing
consider
under
the
clearly
18
U.S.C.
erroneous
3553(a)
facts,
(2006)
or
factors,
failing
to
Only if we find a
Cir. 2009).
2
First,
Cook
has
at
least
one
predicate
felony
of
twenty.
Because
the
firearm
he
was
convicted
of
despite
the
fact
that
it
lacks
mens
rea
Cook was
We
accordingly
conclude
that
the
sentence
is
presumption
of
procedurally reasonable.
Cook
has
also
failed
to
rebut
the
United
States v. Powell, 650 F.3d 388, 395 (4th Cir.), cert. denied,
132 S. Ct. 350 (2011).
with
his
then
undischarged
3
state
term
of
run
concurrently.
statement).
USSG
5G1.3(c)
(2010)
(policy
If Cook
for
leave
to
withdraw
from
representation.
Counsels
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED