United States v. Leland Edwards , 588 F. App'x 268 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-4402
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    LELAND KEITH EDWARDS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.   William L. Osteen,
    Jr., Chief District Judge. (1:13-cr-00375-WO-1)
    Submitted:   December 9, 2014             Decided:   December 19, 2014
    Before WILKINSON and HARRIS, Circuit Judges, and DAVIS, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Louis C. Allen, Federal Public Defender, Greg Davis, Assistant
    Federal Public Defender, Winston-Salem, North Carolina, for
    Appellant. Ripley Rand, United States Attorney, Anand P.
    Ramaswamy, Assistant United States Attorney, Greensboro, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Leland Keith Edwards pled guilty in accordance with a
    written plea agreement to failure to register as a sex offender,
    18 U.S.C. § 2250 (2012).                 He was sentenced to twenty-four months
    in    prison.         Edwards         appeals,   claiming       that    his    sentence      is
    substantively unreasonable.                We affirm.
    We review a sentence for reasonableness, applying “a
    deferential       abuse-of-discretion                standard.”         Gall    v.     United
    States, 
    552 U.S. 38
    , 41 (2007).                         Because Edwards asserts no
    procedural       error,          we      consider       whether     the       sentence       is
    substantively reasonable, “tak[ing] into account the totality of
    the   circumstances”             and    giving    due   deference       to    the    district
    court’s decision.            See 
    id. at 51.
                We presume that a sentence
    within    or     below       a    properly       calculated       Guidelines        range    is
    reasonable.       United States v. Louthian, 
    756 F.3d 295
    , 306 (4th
    Cir.), cert. denied, 
    135 S. Ct. 421
    (2014).
    Here, the district court reasonably determined that a
    sentence of twenty-four months was appropriate.                                In imposing
    sentence,       the    court       considered        Edwards’     Guidelines        range    of
    24-30    months,       the       18     U.S.C.    § 3553(a)       (2012)      factors,      the
    arguments of counsel and Edwards’ allocution.                                The court was
    particularly concerned that the instant conviction was Edwards’
    second    for     failure          to    register;       however,       the    court     also
    recognized       certain         complexities        associated        with    registration
    2
    requirements.     The court noted that the offense was serious and
    stated that the sentence was tailored to protect the public and
    to   deter    similar     conduct.          Given   the    totality     of    the
    circumstances, we hold that the district court did not abuse its
    discretion      in      imposing      the      presumptively       reasonable,
    within-Guidelines sentence.
    We accordingly affirm.         We dispense with oral argument
    because the facts and legal arguments are adequately presented
    in   the   materials    before   us   and    argument     would   not   aid   the
    decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 14-4402

Citation Numbers: 588 F. App'x 268

Judges: Wilkinson, Harris, Davis

Filed Date: 12/19/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024