United States v. Irbenis Mederos ( 2016 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-4620
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    IRBENIS MEDEROS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Catherine C. Eagles,
    District Judge. (1:15-cr-00203-CCE-1)
    Submitted:   April 28, 2016                 Decided:   June 16, 2016
    Before WILKINSON, DIAZ, and HARRIS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Daniel A. Harris, Locke T. Clifford, CLIFFORD CLENDENIN & O’HALE,
    LLP, Greensboro, North Carolina, for Appellant.      Ripley Rand,
    United States Attorney, Eric L. Iverson, Assistant United States
    Attorney, Greensboro, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Irbenis Mederos pled guilty, pursuant to a plea agreement, to
    receiving     child    pornography,        in    violation    of     18   U.S.C.
    § 2252A(a)(2)(A) (2012), and the district court imposed a downward
    variant sentence of 125 months’ imprisonment.               On appeal, Mederos
    argues that the court procedurally erred by failing to properly
    consider the need to avoid unwarranted sentence disparities when
    explaining Mederos’ sentence.      See 18 U.S.C. § 3553(a)(6) (2012).
    Finding no error, we affirm.
    We review a sentence for reasonableness under a deferential
    abuse of discretion standard.      Gall v. United States, 
    552 U.S. 38
    ,
    51 (2007); United States v. Berry, 
    814 F.3d 192
    , 194-95 (4th Cir.
    2016).    In determining procedural reasonableness, we consider,
    among    other    factors,   whether   the       district    court   adequately
    analyzed the 18 U.S.C. § 3553(a) (2012) factors and sufficiently
    explained the selected sentence.                
    Gall, 552 U.S. at 51
    .       “By
    drawing arguments from § 3553 for a sentence different than the
    one ultimately imposed,” Mederos preserved his challenge to the
    court’s explanation and consideration of the § 3553(a) factors,
    and any error will result in reversal unless “the error was
    harmless.”       United States v. Lynn, 
    592 F.3d 572
    , 576, 578 (4th
    Cir. 2010).
    In explaining a defendant’s sentence, a court “need not
    robotically tick through the § 3553(a) factors.”              United States v.
    2
    Helton, 
    782 F.3d 148
    , 153 (4th Cir. 2015) (internal quotation marks
    omitted).      However, “[w]here the defendant or prosecutor presents
    nonfrivolous reasons for imposing a different sentence than that
    set forth in the advisory Guidelines, a district judge should
    address the party’s arguments and explain why he has rejected those
    arguments.”       United States v. Carter, 
    564 F.3d 325
    , 328 (4th Cir.
    2009) (internal quotation marks omitted).              Such an explanation is
    necessary to “promote the perception of fair sentencing” and to
    permit “meaningful appellate review.”             
    Gall, 552 U.S. at 50
    .
    It   may   be    possible,    however,   for   an   appellate      court   to
    evaluate      from     “[t]he    context   surrounding     a   district    court’s
    explanation . . . both whether the court considered the § 3553(a)
    factors and whether it did so properly.”              United States v. Montes-
    Pineda, 
    445 F.3d 375
    , 381 (4th Cir. 2006).                     Where the record
    clearly reveals that the court considered the parties’ arguments
    and relevant evidence and the case is “conceptually simple,” the
    law does not require a judge “to write more extensively.”                  Rita v.
    United States, 
    551 U.S. 338
    , 359 (2007).
    Although        Mederos    correctly     asserts    that    the     court’s
    explanation is devoid of any reference to his statistical disparity
    argument, the record provides enough context for us to conclude
    that    the    court     considered    the     argument    and    that    it   also
    contemplated generally the need to avoid unwarranted sentence
    disparities.         The court could have addressed in open court the
    3
    statistical disparity argument raised exclusively in counsel’s
    sentencing memorandum.   However, it was not required to do so, as
    it provided an individualized and detailed explanation for its
    denial of Mederos’ request for the statutory minimum sentence.
    See, e.g., 
    Rita, 551 U.S. at 356
    (“Sometimes a judicial opinion
    responds to every argument; sometimes it does not . . . . The law
    leaves much, in this respect, to the judge’s own professional
    judgment.”).
    Accordingly, we affirm the district court’s judgment.      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
    4
    

Document Info

Docket Number: 15-4620

Judges: Wilkinson, Diaz, Harris

Filed Date: 6/16/2016

Precedential Status: Non-Precedential

Modified Date: 11/6/2024