Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 11-5022
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
Senior District Judge. (4:91-cr-00092-H-1)
Submitted:
June 8, 2012
Decided:
PER CURIAM:
Enerva
Trotman
appeals
from
the
420-month
sentence
counts.
Trotman
argues
that
his
sentence
is
Finding no error,
we affirm.
We review a sentence imposed by the district court for
reasonableness
standard.
This
under
deferential
abuse-of-discretion
the
Id.
at
review
51.
In
considers
entails
appellate
determining
whether
the
consideration
procedural
district
of
reasonableness,
court
properly
the
court
calculated
the
court
sentence,
it
Id. at 49-51.
imposes
must
an
place
above,
on
the
or
record
within-Guidelines
an
individualized
States
v.
Carter,
564
F.3d
325,
330
(4th
Cir.
2009)
the
8.4
kilogram
drug
quantity
and
did
not
have
Guidelines
as
mandatory,
and
it
failed
to
state
set
out
the
quantities
involved
as
The pre-sentence
relevant
conduct,
reduce
Trotmans
involvement
by
almost
half,
Trotman
was
The courts
not express that the court believed that it was bound by the
Sentencing
Guidelines
range.
The
court
referred
to
the
in
United
believed
States
it
had
v.
Booker.
the
authority
The
to
district
grant
court
downward
also
argues
that
the
court
committed
four
to
the
extent
Guidelines
range.
The
punishment
required
by
necessary
court
the
did
to
not
Guidelines
achieve
the
err.
If
exceeds
360-month
the
the
total
highest
to
the
U.S.
extent
necessary
Sentencing
to
achieve
Guidelines
Manual
the
total
5G1.2(d)
564
F.3d
at
330
(quoting
Gall,
552
U.S.
at
51).
the
factors
meaningful
influencing
appellate
sentencing
review.
sufficient
Trotman
contended
to
permit
that
his
involved, that Trotman had fled and evaded the authorities for
fifteen years, was an illegal alien, and that Trotman provided
no basis for a downward variance.
The transcript
Accordingly,
the
sentence
was
procedurally
reasonable.
If
error,
this
the
sentence
court
reasonableness,
then
tak[ing]
is
free
reviews
into
the
of
sentence
account
5
significant
the
for
procedural
substantive
totality
of
the
circumstances.
If the sentence is
United
sentence
presumption
is
factors.
is
rebutted
unreasonable
when
only
measured
by
showing
against
that
the
the
3553(a)
Trotman has
argument
adequately
because
presented
in
the
the
facts
and
materials
We dispense with
legal
before
contentions
the
court
are
and