United States v. Stephenson , 305 F. App'x 138 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-4369
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    JERRY WAYNE STEPHENSON, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (5:02-cr-00222-BO-l)
    Submitted:    December 3, 2008              Decided:   December 29, 2008
    Before TRAXLER and AGEE, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant.    George E. B. Holding, United States Attorney,
    Anne M. Hayes, Banumathi Rangarajan, Assistant United States
    Attorneys, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Jerry Wayne Stephenson, Jr., appeals his sentence of
    twelve    months     and   one    day    imposed   after    the    district       court
    revoked his supervised release.             We affirm.
    On appeal, Stephenson argues that the sentence imposed
    is plainly unreasonable because it does not further the relevant
    
    18 U.S.C. § 3553
    (a) (2006) factors, and that the district court
    erred    by   failing      to   explain    adequately      its    imposition      of    a
    sentence      outside    the    Guidelines     range.      Stephenson       does    not
    contest the district court’s decision to revoke his supervised
    release or its Guidelines calculations.                 The Government responds
    that the district court’s sentence is not unreasonable.
    Because Stephenson did not object to the sentence or
    the district court’s failure to articulate the reasoning, we
    review for plain error.            United States v. Olano, 
    507 U.S. 725
    ,
    732 (1993).         In United States v. Crudup, 
    461 F.3d 433
    , 437 (4th
    Cir.     2005),     we   held     that    “revocation      sentences       should      be
    reviewed to determine whether they are ‘plainly unreasonable’
    with regard to those § 3553(a) factors applicable to supervised
    release revocation sentences.”             We recognized that analysis of a
    sentence imposed on revocation of supervised release involves
    both     procedural      and     substantive     components.         Id.     at     438.
    Although      the   district     court    must   consider    the    Chapter       Seven
    policy statements and the requirements of 
    18 U.S.C. §§ 3553
    (a),
    2
    3583    (2006),     “the     court    ultimately         has    broad    discretion      to
    revoke its previous sentence and impose a term of imprisonment
    up to the statutory maximum.”              Crudup, 461 F.3d at 439 (internal
    quotation marks and citation omitted).                         Although a sentencing
    court must provide a sufficient explanation of the sentence to
    allow   “effective       review      of   [its]        reasonableness”        on    appeal,
    United States v. Moulden, 
    478 F.3d 652
    , 657 (4th Cir. 2007)
    (probation    revocation),        the     court     need       not   “robotically      tick
    through § 3553(a)’s every subsection,” or “explicitly discuss
    every    §   3353(a)     factor      on   the     record.”           United   States     v.
    Johnson, 
    445 F.3d 339
    , 345 (4th Cir. 2006).
    Our review of the record in this case leads us to
    conclude     that    the     district      court’s        reasons       supporting     its
    sentencing decision are sufficiently apparent from the record.
    We   conclude     that     the    sentence        is    neither      procedurally       nor
    substantively unreasonable.               See United States v. Finley, 
    531 F.3d 288
    , 297 (4th Cir. 2008) (applying Gall v. United States,
    
    128 S. Ct. 586
    , 597 (2007), in reviewing a sentence to determine
    if it is plainly unreasonable).
    We     therefore        affirm       Stephenson’s        sentence.          We
    dispense     with     oral     argument       because      the       facts    and    legal
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 08-4369

Citation Numbers: 305 F. App'x 138

Judges: Traxler, Agee, Hamilton

Filed Date: 12/29/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024