Professional Documents
Culture Documents
No. 13-4591
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:13-cr-00018-D-1)
Submitted:
Decided:
June 2, 2014
PER CURIAM:
Darnell Tyrece Hayes pled guilty to distribution of
heroin and was sentenced as a career offender to 210-months
imprisonment.
qualified
as
career
offender,
be
classified
U.S.
Sentencing
Guidelines
We affirm.
as
career
offender
under
USSG
conviction
must
be
crime
of
violence
or
controlled
substance offense, and the defendant must have two prior felony
convictions
of
either
substance offense.
crime
of
violence
USSG 4B1.1(a).
or
controlled
personal
violence
because
physical
force.
property
the
does
statute
not
However,
does
the
qualify
not
as
require
Sentencing
crime
the
Guidelines
use
of
of
define
arson
United
involves
the
States
(citing
v.
cases).
burning
Knight,
of
606
Because
real
F.3d
the
or
personal
171,
burning
174
of
property.
(4th
Cir.
personal
2010)
property
was
properly
determined
conviction,
we
need
that
sentenced
Hayes
not
as
has
address
two
Hayes
career
prior
offender.
qualifying
challenges
to
the
crime
of
violence
and
to
the
district
courts
also
contends
that
the
sentence
imposed
was
United States v. Llamas, 599 F.3d 381, 387 (4th Cir. 2010).
The
We conclude
that the district court did not abuse its discretion in imposing
the
210-month
sentence.
See
Gall,
552
U.S.
at
41;
United
States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007) (applying
appellate
presumption
of
reasonableness
to
within-Guidelines
sentence).
Accordingly, we affirm Hayes sentence.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
AFFIRMED