United States v. McGill ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4597
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DREW ELLIOTT MCGILL,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Senior District Judge. (1:06-cr-00204-WLO)
Submitted: January 9, 2008 Decided: January 28, 2008
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Anna Mills Wagoner, United States
Attorney, Michael A. DeFranco, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Drew Elliott McGill pled guilty to one count of
possession of child pornography, in violation of 18 U.S.C.A.
§§ 2252A(a)(5)(B), (b)(2) (West 2000 & Supp. 2007). On appeal, he
challenges the district court’s imposition of the statutory maximum
sentence of 120 months’ imprisonment. We affirm.
We find that the district court properly applied the
Sentencing Guidelines and considered the relevant sentencing
factors before imposing the 120-month sentence. 18 U.S.C.A.
§ 3553(a) (West 2000 & Supp. 2007). Additionally, we find that the
sentence imposed was reasonable. See United States v. Johnson, 445
F.3d 339, 341 (4th Cir. 2006); Rita v. United States, 127 S. Ct.
2456, 2462-69 (2007) (upholding presumption of reasonableness
accorded within-guidelines sentence). Accordingly, we affirm
McGill’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
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