Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 09-4409
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton
Tilley, Jr., Senior District Judge. (1:08-cr-00186-NCT-2)
Submitted:
March 5, 2010
Decided:
&
PER CURIAM:
Horatio
Everhart
pled
guilty
pursuant
to
plea
quantity
of
drugs
involved,
Everhart
was
Due to
subject
to
for
the
safety
valve
provision
in
18
U.S.C.
108
months
imprisonment,
on
appeal,
he
has
which
his
filed
Anders
within
Everharts
fell
brief,
brief
pursuant
to
Anders
v.
suggests
that
his
According to Everhart,
an
equivalent
Everhart
amount
argues,
could
of
powder
then
cocaine.
enhance
an
District
individual
(2006)
and
the
particular
circumstances
surrounding
the
defendants conduct.
This court reviews a sentence imposed by a district
court under a deferential abuse of discretion standard.
Gall v.
court
must
first
ensure
that
the
district
court
the
guidelines
range,
failing
to
consider
the
sentence.
errors,
the
appellate
court
then
the
substantive
Id.
(4th
(internal
Cir.
omitted).
2009)
This
requires
quotation
the
district
marks
court
and
to
citations
provide
Id.
When reviewing
properly
calculated
guidelines
range
is
reasonable.
United
his
brief,
Everhart
relies
on
Spears
v.
United
Id. at 844.
Spears
courts
merely
recognizes
district
Rather,
authority
to
that
unwarranted.
the
disparity
embodied
in
the
Guidelines
is
This
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED