United States v. Lewis Alston

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Senior Judge HAMILTON joined.

AGEE, Circuit Judge:

The United States District Court for the Eastern District of North Carolina originally sentenced Lewis Alston (“Alston”) to 150 months’ imprisonment, but that sentence was vacated on appeal and remanded for resentencing. See United States v. Alston (Alston I), 447 Fed.Appx. 498, 500 (4th Cir.2011). On remand, the district court sentenced Alston to an above-Guidelines sentence of 120 months’ imprisonment from which he now appeals. For the reasons set forth…