History
  • No items yet
midpage
United States v. Eric Marks
15-4117
4th Cir.
Apr 3, 2017
Check Treatment
Docket

*1 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, First Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Phillip A. Rubin, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. *2 PER CURIAM:

Eric Vershawn Marks appeals his 151-month sentence imposed following his guilty plea to distribution of a quantity of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2012). On appeal, Marks challenges his career offender designation based on Johnson v. United States, 135 S. Ct. 2551 (2015), which declared the residual clause of the Armed Career Criminal Act unconstitutionally vague. Marks’ argument is foreclosed by the Supreme Court’s recent decision that the Sentencing Guidelines, including the career offender residual clause, “are not subject to a vagueness challenge under the Due Process Clause.” Beckles v. United States, ___ S. Ct. ___, ___, No. 15-8544, 2017 WL 855781, at *9 (U.S. Mar. 6, 2017).

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

2

Case Details

Case Name: United States v. Eric Marks
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Apr 3, 2017
Docket Number: 15-4117
Court Abbreviation: 4th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.