Professional Documents
Culture Documents
No. 13-4795
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:12-cr-00013-MOC-DCK-6)
Submitted:
Decided:
PER CURIAM:
Otis Sutton appeals the 219-month sentence imposed by
the district court after he pled guilty to robbery by force or
violence,
in
brandishing
violation
firearm
of
18
during
U.S.C.
and
in
1951(a)
relation
to
(2012),
a
crime
and
of
grounds
for
appeal
but
questioning
whether
the
he
was
entitled
to
lower
mandatory
minimum
sentence
suggests
that
the
magistrate
judge
erred
by
calling
filed
pro
se
brief,
procedurally unreasonable.
arguing
that
his
Sutton
sentence
is
We affirm.
United States v.
Bradley, 455 F.3d 453, 461 (4th Cir. 2006); see Henderson v.
United
States,
133
S.
Ct.
1121,
1126-27
(2013)
(discussing
standard).
Rule
11(c)(1)
of
the
Federal
Rules
of
Criminal
plead guilty when the magistrate judge pointed out the error in
the
mandatory
minimum
term
disclosed
by
the
plea
agreement.
plea []or a trial, United States v. Burnside, 588 F.3d 511, 522
(7th
Cir.
impermissibly
2009)
(holding
participate
in
that
plea
district
court
negotiations
did
where
not
court
assistance
motion),
and
therefore
did
not
Gall
[S]entencing courts
loss
amount
attributed
to
Sutton
was
supported
by
633
2011)
F.3d
312,
permissible
317
views
(4th
of
the
Cir.
evidence,
(Where
the
there
are
factfinders
two
choice
We
therefore
affirm
the
district
courts
judgment.
materials
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED