Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 15-4067
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:14-cr-00097-F-1)
Submitted:
Decided:
December 3, 2015
PER CURIAM:
William
Earl
McLaughlin
challenges
the
reasonableness
of
of
18
U.S.C.
2113(b)
(2012).
In
imposing
the
substantially
underrepresent[ed]
the
seriousness
of
We affirm.
totality
whether
sentencing
substantive
error,
reasonableness
of
the
the
of
we
the
circumstances,
sentencing
turn
court
our
attention
sentence,
id.
at
abused
51,
its
to
considering
and
the
the
determining
discretion
in
and
mere
disagreement
with
the
insufficient
to
justify
reversal
of
United
v.
Howard,
773
519,
States
F.3d
sentence
the
below
district
531
(4th
is
court.
Cir.
2014)
by
contends
upwardly
that
the
departing
district
under
court
USSG
abused
4A1.3,
its
p.s.,
the
history.
court
relied
too
heavily
upon
his
He contends
early
criminal
currently age 51, began his criminal conduct at age 16, and has
consistently stolen from, robbed, and burglarized others since
that time.
entering,
and
assault
on
female.
The
court
also
and
failure
to
stop
for
blue
lightoffenses
that
and
circumstances
sentencing
court
is
of
the
required
instant
to
offense.
consider
all
the
While
the
sentencing
or
robotically
subsection.
tick
through
3553(a)s
every
(4th Cir. 2012) (quoting United States v. Johnson, 445 F.3d 339,
345 (4th Cir. 2006)).
sentencing
disparities
between
him
and
other
He supports this
argument with the fact that the Government recommended that the
court depart upward to 24 months, rather than the 30 months to
which
the
court
Commissions
renders
and
his
the
departed.
adoption
resulting
putative
of
We
the
disagree.
USSG
sentencing
comparators
4A1.3,
disparity
warranted.
The
p.s.,
between
See
Sentencing
departure
McLaughlin
18
U.S.C.
Although a sentencing
if
the
departure
is
inappropriately
applied,
the
the
sentence
reasonable.
sentence.
legal
before
imposed
Accordingly,
on
we
McLaughlin
affirm
is
substantively
McLaughlins
30-month
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED