UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

No. 99-4250

ALPHONSOJAMAL ALI JENKINS, a/k/a

Jamaal Jenkins,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Virginia, at Charlottesville.

James H. Michael, Jr., Senior District Judge.

(CR-98-61-3)

Submitted: September 21, 1999

Decided: October 7, 1999

Before MURNAGHAN, MOTZ, and KING, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Marshall M. Slayton, Charlottesville, Virginia, for Appellant. Robert

P. Crouch, Jr., United States Attorney, Ray B. Fitzgerald, Jr., Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Alphonsojamal Ali Jenkins pled guilty to armed bank robbery, see

18 U.S.C.A. § 2113(a) (West Supp. 1999), and received a sentence of

seventy-seven months imprisonment. He appeals his sentence, contending that the district court erred in giving him three criminal history points for a 1997 indeterminate sentence, see U.S. Sentencing

Guidelines Manual §§ 4A1.1(a) (1998), and further erred in awarding

him two criminal history points for having committed the instant

offense while on parole. See USSG § 4A1.1(d). We affirm.

The district court awarded Jenkins three criminal history points

under USSG § 4A1.1(a) for an indeterminate sentence of nine days to

twenty-three months he received in Pennsylvania in 1997 after he was

convicted of making a false report to police.* Jenkins served nine

days imprisonment and was then paroled, with his parole due to

expire in August 2000. The district court gave Jenkins another two

criminal history points under § 4A1.1(d) because Jenkins was on

parole from the 1997 sentence when he committed the instant offense.

We note that the 1997 indeterminate sentence was for a felony

offense. A "felony offense" for sentencing purposes is defined in

§ 4A1.2(o) as "any federal, state, or local offense punishable by death

or a term of imprisonment exceeding one year, regardless of the

actual sentence imposed." Jenkins' conviction for making a false

report to police was punishable by a term of imprisonment exceeding

one year. Therefore, the offense was a felony and the district court

was required to count it. See USSG § 4A1.2(c). Because Jenkins was

on parole for an offense countable in his criminal history when he

committed the instant offense, two points were properly awarded

under § 4A1.1(d). Consequently, we find no error in the sentence

imposed.

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*Jenkins gave a false name when his car was stopped by police. He

had a prior drug conviction in Pennsylvania and had absconded from

probation.

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We therefore affirm the sentence. We dispense with oral argument

because the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the decisional

process.

AFFIRMED

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