Professional Documents
Culture Documents
No. 13-4211
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:12-cr-00212-FL-1)
Submitted:
Decided:
December 4, 2013
PER CURIAM:
Quinton
James
departure
sentence
possession
of
McNeil
imposed
stolen
appeals
following
firearm,
in
the
his
thirty-month
guilty
violation
of
plea
18
to
U.S.C.
that
the
extent
of
the
substantively unreasonable.
departure
rendered
his
sentence
We affirm.
or
significantly
reasonableness,
standard.
under
outside
a
the
Guidelines
deferential
range,
for
abuse-of-discretion
cert. denied, 133 S. Ct. 216 (2012); see Gall v. United States,
552 U.S. 38, 46, 51 (2007).
departure
or
sentencing
court
decision
to
variant
sentence,
acted
impose
reasonably
such
consider
both
sentence
with
and
with
whether
respect
to
its
respect
to
the
v.
HernandezVillanueva,
473
F.3d
118,
the
123
United
(4th
Cir.
2007).
McNeil first argues that his sentence is procedurally
unreasonable
because
the
district
court
failed
to
address
particular
sentence,
the
district
judge
should
(4th
(internal
Cir.
2009)
quotation
marks
omitted).
In
enough
to
satisfy
the
appellate
court
that
he
has
Rita v.
this
courts
record,
awareness
there
of
is
no
McNeils
room
to
question
cooperation.
the
It
was
the
presentence
familiar.
report,
with
which
the
court
plainly
was
did not explicitly state why this factor was not controlling as
to the issue of what sentence to impose, we conclude that the
district
sufficient
court
considered
reason
to
and
impose
implicitly
a
rejected
within-Guidelines
it
as
sentence.
United States v. Bowens, 527 F. Appx 256, 258 (4th Cir. 2013)
(unpublished).
The court
Finally,
the
rejected
McNeils
more
court
expressly
robust
argument
acknowledged
that
his
but
youth
and
obvious:
namely,
that
shorter
prison
term
was
procedural error.
Turning,
then,
to
the
substantive
reasonableness
of
it
chose
satisfied
the
156,
160-61
(4th
Cir.
standards
set
forth
courts
determining
factors.
2011).
the
have
weight
2012)
(internal
extremely
to
[18
in
be
broad
given
each
Of course,
discretion
of
the
marks
when
3553(a)
The
and
the
resistance
he
had
previously
McNeils
criminal
record
was
all
the
more
concerning
considering his relatively young age, and the fact that most of
his crimes were committed within a three-year period.
5
Because