United States v. Jarcoby Geter , 692 F. App'x 157 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-4073
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JARCOBY DEWAN GETER,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:10-cr-00051-HMH-1)
Submitted: June 22, 2017 Decided: June 26, 2017
Before GREGORY, Chief Judge, and FLOYD and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David W. Plowden, Assistant Federal Public Defender, Greenville, South Carolina, for
Appellant. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jarcoby Dewan Geter appeals the district court’s judgment revoking his supervised
release and sentencing him to 20 months’ imprisonment. Geter’s counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious issues
for appeal but questioning whether Geter’s sentence was plainly unreasonable. Geter was
advised of his right to file a pro se supplemental brief, but has not filed one. We affirm.
“A district court has broad discretion when imposing a sentence upon revocation of
supervised release. We will affirm a revocation sentence if it is within the statutory maximum
and is not plainly unreasonable.” United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013)
(citation and internal quotation marks omitted). In making this determination, we first consider
whether the sentence imposed is procedurally or substantively unreasonable, United States v.
Crudup, 461 F.3d 433, 438-39 (4th Cir. 2006), and only if we find the sentence unreasonable
must we decide “whether it is plainly so.” United States v. Moulden, 478 F.3d 652, 657 (4th Cir.
2007) (internal quotation marks omitted). Because Geter did not raise any objection to the
court’s explanation of his sentence, we review the record below for plain error, Webb, 738 F.3d
at 640, and find none. A sentence is substantively reasonable if the district court states a proper
basis for concluding the defendant should receive the sentence imposed, up to the statutory
maximum. Crudup, 461 F.3d at 440. A sentence within the applicable policy statement range
under Chapter 7 of the Sentencing Guidelines is presumptively reasonable. Webb, 738 F.3d at
642. Here, Geter’s properly calculated policy statement range was 18-24 months’ imprisonment,
see U.S. Sentencing Guidelines Manual § 7B1.4, and his 20-month sentence was within the
statutory maximum.
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Applying these standards, we conclude that Geter’s within-range sentence is not
unreasonable, much less plainly so. Further, in accordance with Anders, we have reviewed the
entire record in this case and have found no meritorious issues for appeal. We therefore affirm
the district court’s judgment. This court requires that counsel inform Geter, in writing, of the
right to petition the Supreme Court of the United States for further review. If Geter requests that
a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may
move in this court for leave to withdraw from representation. Counsel’s motion must state that a
copy thereof was served on Geter.
We dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
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