794 Fed.Appx. 341 (4th Cir. 2020), 19-4516, United States v. Coker

Docket Nº:19-4516
Citation:794 Fed.Appx. 341
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Gregory Preston COKER, Jr., Defendant-Appellant.
Attorney:William G. Yarborough, III, Lauren C. Hobbis, WILLIAM G. YARBOROUGH III, ATTORNEY AT LAW, LLC, Greenville, South Carolina, for Appellant. Sherri A. Lydon, United States Attorney, Columbia, South Carolina, Maxwell B. Cauthen, III, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTOR...
Judge Panel:Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior Circuit Judge.
Case Date:February 24, 2020
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 341

794 Fed.Appx. 341 (4th Cir. 2020)

UNITED STATES of America, Plaintiff-Appellee,

v.

Gregory Preston COKER, Jr., Defendant-Appellant.

No. 19-4516

United States Court of Appeals, Fourth Circuit

February 24, 2020

Submitted: February 20, 2020

UNPUBLISHED

Editorial Note:

Unpublished opinions are not binding precedent in this circuit. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Donald C. Coggins, Jr., District Judge. (7:18-cr-00477-DCC-1)

William G. Yarborough, III, Lauren C. Hobbis, WILLIAM G. YARBOROUGH III, ATTORNEY AT LAW, LLC, Greenville, South Carolina, for Appellant.

Sherri A. Lydon, United States Attorney, Columbia, South Carolina, Maxwell B. Cauthen, III, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior Circuit Judge.

OPINION

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gregory Coker, Jr., appeals the 72-month sentence imposed following his guilty plea to possession with intent to distribute cocaine base, in violation of 21 U.S.C. § § 841(a)(1), (b)(1)(C) (2018). We have reviewed the record and conclude that the district court properly sentenced Coker as a career offender. South Carolina Code § 44-53-375 and § 44-53-445 are subject to the modified categorical approach, see

United States v. Furlow, 928 F.3d 311, 320-22 (4th Cir. 2019); United States v. Marshall, 747 Fed.Appx. 139, 149-50 (4th Cir. 2018) (argued but unpublished), so the district court correctly considered Coker’s prior indictments and sentencing sheets pursuant to Shepard v. United States, 544 U.S. 13, 26, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). Based on those documents, the district court did not clearly err in its conclusion that Coker had two prior controlled substance convictions pursuant to U.S. Sentencing Guidelines Manual § § 4B1.1, 4B1.2 (2018).

Accordingly, we affirm the district court’s criminal 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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