Professional Documents
Culture Documents
No. 15-4305
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
District Judge. (2:14-cr-00042-JPB-JSK-2)
Submitted:
Decided:
PER CURIAM:
Matthew
Lee
Cordero
pled
guilty
to
distribution
of
Cordero
district
court
because
his
challenges
erred
two
in
prior
possession
with
intent
substance
were
not
exceeding
one
substantively
sentence,
designating
New
to
and
Cordero
him
Jersey
also
unreasonable.
by
therefore
arguing
a
state
distribute
punishable
year
predicates.
this
career
argues
Finding
that
no
offender
controlled
not
the
convictions
imprisonment
are
that
for
dangerous
for
career
his
On
terms
offender
sentence
reversible
error,
is
we
affirm.
Cordero
did
not
object
in
the
district
court
to
its
his
challenge
for
plain
error.
United
States
v.
To establish
plain
the
error,
Cordero
must
demonstrate
that
(1)
district
court committed an error; (2) the error was plain; and (3) the
error
affected
his
substantial
rights.
Henderson
v.
United
725, 734 (1993), under the settled law of the Supreme Court or
this circuit.
4B1.1(a)
of
the
Guidelines
provides
that
or
4B1.1(a)(3).
controlled
substance
offense.
U.S.S.G.
U.S.S.G. 4B1.2
cmt. n.1.
We
conclude
that
the
district
court
properly
determined
were
2C:35-5(b)(3),
Cordero
was
for
and,
as
eligible
to
be
violations
State
v.
of
consequence
sentenced
of
to
N.J.
these
up
to
Stat.
The
Ann.
convictions,
five
years
878
A.2d
724,
738
&
n.10
(N.J. 2005); State v. Gardner, 551 A.2d 981, 985 (N.J. 1989);
see also United States v. Minnick, 949 F.2d 8, 9-10 (1st Cir.
1991) (holding New Jersey first-offense conviction for a crime
3
v.
Simmons,
649
F.3d
237
(4th
Cir.
2011)
also
substantively
argues
that
unreasonable.
his
In
151-month
reviewing
sentence
the
is
substantive
totality
of
the
circumstances.
Guidelines
reasonable.
United
(4th Cir.),
cert.
Gall
v.
United
States,
States
denied,
is
v.
135
presumptively
Louthian,
S. Ct.
421
756
substantively
F.3d
295,
(2014).
Such
306
a
Id.
While
decision
that
the
3553(a)
factors,
on
whole,
discretion
to
accord
more
weight
to
host
of
light
of
the
extremely
broad
discretion
afforded
to
factors
in
imposing
sentence,
United
States
v.
Jeffery, 631 F.3d 669, 679 (4th Cir. 2011), Cordero fails to
overcome the presumption that his within-Guidelines sentence is
substantively reasonable.
We
therefore
We dispense
with
contentions
are
affirm
oral
the
argument
adequately
district
because
presented
in
courts
judgment.
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED