Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 11-4231
Submitted:
Decided:
PER CURIAM:
Librado
Pelagio
Jacobo
appeals
the
district
courts
with
intent
to
distribute
500
grams
or
more
of
(b)(1)(B)
(2006)
(Count
Two),
and
to
one
count
of
in
violation
Five).
of
The
18
U.S.C.
district
court
924(c)(1)(A)(i)
sentenced
(2006)
Jacobo
to
108
Count
Five.
On
appeal,
Jacobos
counsel
filed
brief
states
that
he
could
identify
no
meritorious
issues
for
deferential
States,
552
abuse-of-discretion
U.S.
38,
51
standard.
(2007).
Gall
v.
United
reasonableness
review
is
procedurally
reasonable
where
the
Id.
district
court
is
assessed
circumstances.
substantively
in
light
of
the
if
the
totality
of
the
factors
do
not
decisions.
(4th Cir.), cert. denied, 131 S. Ct. 2946 (2011) (citing Gall,
552 U.S. at 52).
properly
calculated
reasonable.
2007).
range
is
presumptively
the
one
discretion
error.
ultimately
must
be
imposed,
reversed
an
unless
abuse
it
of
the
constitutes
courts
harmless
2010).
At
sentencing,
Jacobo
raised
no
objections
to
the
135
months
imprisonment
on
3
Count
Two,
and
consecutive
sixty-month
sentence
on
Count
Five.
Instead,
Jacobo
raised
before the district court the same argument that he does here;
namely, that Jacobo warranted a sentence below the applicable
guideline
range
based
on
his
limited
education,
his
clean
review
court
did
of
not
the
record
abuse
its
persuades
us
that
the
discretion
in
declining
reviewable
unless
the
court
mistakenly
believed
that
United States v. Carr, 271 F.3d 172, 176 (4th Cir. 2001)).
record
in
this
case
it
clearly
demonstrates
that
the
The
court
district
courts
decision
to
within-Guidelines
of
the
United
States
for
further
review.
If
Jacobo
Counsels
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED