Professional Documents
Culture Documents
No. 10-4639
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:97-cr-00034-BR-1)
Submitted:
Decided:
PER CURIAM:
Tony DeJuan Bynum appeals the sixty-month sentence of
imprisonment imposed by the district court after finding that
Bynum
violated
his
criminal conduct.
with
intent
to
term
of
supervised
release
prohibiting
distribute
cocaine
base,
in
violation
of
21
appeal,
Bynum
argues
that
the
sentence
is
plainly
release
if
it
is
within
the
prescribed
statutory
In determining whether a
we
considerations
that
sentences.
Id.
follow
at
we
the
employ
438.
In
this
our
and
review
inquiry,
we
substantive
of
original
take
more
discretion
sentences.
than
reasonableness
review
of
Guidelines
Cir.
2007).
Only
if
we
find
substantively
unreasonable,
plainly so.
Id. at 657.
the
must
sentence
we
procedurally
or
whether
is
decide
it
statements
and
the
statutory
provisions
applicable
to
district
court
need
not
robotically
tick
through
every
Moreover, while a
a post-conviction sentence.
F.3d 544, 547 (4th Cir. 2010).
United States v.
By drawing arguments
of
an
aggrieved
its
party
sufficiently
responsibility
to
render
alerts
an
the
district
individualized
Id. at 578.
Id. at 583-84.
Instead, Bynum
the
difficulties
he
faced
upon
release
in
fashioning
U.S.
Bynum
725,
732
(1993).
Even
if
makes
this
three-part
fairness,
proceedings.
integrity
or
public
reputation
of
judicial
omitted).
Our review of the record leads us to conclude that
Bynum has not established plain error.
appellate
posture
we
take
regarding
district
courts
sentence
sentence
was
in
light
justified
of
its
because
finding
Bynum
that
the
received
sixty-month
substantial
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and