Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 09-4879
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:02-cr-00037-F-1)
Submitted:
Decided:
PER CURIAM:
Thelbert Grainger, Jr., appeals the district courts
judgment revoking supervised release and imposing a twenty-four
month sentence.
We affirm.
firearms
dealer
during
acquisition
of
firearm
to
87
months
imprisonment
by
to
be
in
He was
followed
by
36
significant
violations,
including
testing
court
violations
advisory
appeal,
found
and
that
imposed
Guidelines
Grainger
Grainger
a
range
argues
had
six
twenty-four
was
that
seven
the
to
After a hearing,
supervised
month
sentence.
thirteen
twenty-four
release
months.
month
His
On
sentence
We do
not agree.
This court reviews the district courts revocation of
supervised release for an abuse of discretion.
Pregent, 190 F.3d 279, 282 (4th Cir. 1999).
United States v.
A sentence imposed
follow[ing]
generally
the
procedural
and
sentences.
531
F.3d
Id.
288,
294
at
438-39;
see
United
(In
States
applying
v.
the
given
in
Gall
[v.
United
States,
552
U.S.
38
policy
statements
and
the
requirements
of
3553(a)
and
of
imprisonment
up
to
the
statutory
maximum.
United
States v. Moulden, 478 F.3d 652, 657 (4th Cir. 2007) (citing
Crudup, 461 F.3d at 439).
sentence
is
reviewed
for
reasonableness
under
review
of
requires
substantive
consideration
reasonableness
of
a
3
both
the
sentence.
This
procedural
Id.;
see
an
and
United
States
v.
Lynn,
592
F.3d
572,
575
After
advisory
the
analyzed
Guideline
district
the
court
arguments
range,
this
considered
presented
court
the
by
must
3553(a)
the
decide
factors,
parties,
and
575-76; see United States v. Carter, 564 F.3d 325, 330 (4th Cir.
2009).
Properly
preserved
claims
sentence
is
free
of
of
error
are
If
significant
procedural
procedural
error,
the
sentence.
he
received.
Accordingly,
our
initial
reasonableness
To establish
United
States
v.
Muhammad,
478
F.3d
247,
249
correction
the
of
error
remains
within
[the
courts]
considered
the
Chapter
policy
statements
and
the
for
conclude
Grainger
that
the
Consequently,
we
to
receive
court
need
did
not
substance
not
decide
err,
abuse
let
treatment.
alone
whether
the
We
plainly
so.
sentence
was
of
also
his
challenges
sentence.
We
the
again
substantive
note
the
broad
the
release.
statutory
maximum
on
violations
of
supervised
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED