Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 12-4822
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:11-cr-00022-RLV-DSC-2)
Submitted:
May 8, 2013
Decided:
PER CURIAM:
Hildeberto Gonzalez-Chavez pleaded guilty, pursuant to
a
written
plea
agreement,
distribute
and
possess
to
conspiracy
with
to
intent
manufacture,
to
distribute
months
imprisonment.
On
appeal,
counsel
has
filed
brief
the
reasons
district
for
variance
and
Counsel
also
court
denying
erred
by
failing
Gonzalez-Chavezs
questioning
questions
the
to
request
reasonableness
whether
the
articulate
district
for
of
the
court
its
downward
sentence.
erred
in
counsel
in
raising
these
arguments.
The
Government
Cir.
2002).
prevail
under
this
standard,
Gonzalez-
review
Gonzalez-Chavezs
abuse-of-discretion
552
U.S.
consideration
of
38,
51
both
correctly
This
v.
review
and
United
requires
substantive
under
Gall
procedural
district
standard.
(2007).
the
sentence
calculated
the
advisory
Guidelines
575-76; United States v. Carter, 564 F.3d 325, 330 (4th Cir.
2009).
Once we have determined that the sentence is free of
procedural error, we consider the substantive reasonableness of
the
sentence,
tak[ing]
circumstances.
into
account
the
totality
of
the
reasonable.
presumption
on
appeal
that
the
sentence
is
measured
against
Montes-Pineda,
the
445
3553(a)
F.3d
375,
United
factors.
379
(4th
Cir.
States
2006)
v.
(internal
applying
the
two-level
enhancement,
pursuant
to
U.S.
firearm
Chavez
found
stipulated
in
Gonzalez-Chavezs
in
his
plea
summarized
stipulation,
and
Gonzalez-Chavez
presentence
the
agreement
report,
not
nor
that
the
Gonzaleztwo-level
agreement,
Gonzalez-Chavez
did
residence.
object
did
he
confirmed
to
at
including
the
any
its
enhancement
time
dispute
this
accuracy.
in
the
that
he
also
argues
that
the
district
court
provided
detailed
individualized
correctly
applicable
calculated
Guidelines
range
and
and
assessment,
and
considered
as
adequately
advisory
the
explained
its
sentencing
determination,
we
conclude
that
Gonzalez-Chavezs
Gonzalez-Chavez
questions
the
substantive
of
reasonableness
Guidelines sentence.
court
did
not
applicable
to
his
within-
abuse
its
discretion
in
sentencing
Gonzalez-
Chavez.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal.
sentence.
If Gonzalez-Chavez
Counsels
contentions
are
adequately
5
presented
in
the
materials
before
this
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED