United States v. Terrence Mabry ( 2023 )

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-4497
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRENCE BRANDON MABRY, a/k/a TJ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:18-cr-00485-FL-1)
Submitted: June 15, 2023 Decided: June 20, 2023
Before DIAZ, RICHARDSON, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Mitchell G. Styers, BANZET, THOMPSON, STYERS & MAY, PLLC,
Warrenton, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney,
David A. Bragdon, Assistant United States Attorney, Kristine L. Fritz, Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Terrence Brandon Mabry pled guilty, without a plea agreement, to conspiracy to
distribute and possess with intent to distribute cocaine, cocaine base, and heroin; six counts
of distribution of cocaine; eight counts of distribution of cocaine base; possession with
intent to distribute cocaine and cocaine base; and possession of a firearm by a convicted
felon. The district court imposed a within-Guidelines sentence of 335 months’
imprisonment. On appeal, Mabry argues that the district court imposed a procedurally
unreasonable sentence because it failed to (1) address his nonfrivolous arguments for a
downward variance; (2) provide an individualized explanation for the sentence imposed;
and (3) adequately consider the 18 U.S.C. § 3553(a) factors. He also argues his sentence
is substantively unreasonable because the chosen sentence is greater than necessary to
achieve the sentencing goals of § 3553(a). We affirm.
We review a criminal sentence, “whether inside, just outside, or significantly
outside the Guidelines range,” for reasonableness “under a deferential abuse-of-discretion
standard.” Gall v. United States, 552 U.S. 38, 41 (2007); see United States v. Blue, 877
F.3d 513, 517 (4th Cir. 2017). To assess procedural reasonableness, we consider whether
the district court properly calculated the defendant’s advisory Sentencing Guidelines range,
adequately considered the 18 U.S.C. § 3553(a) factors, sufficiently explained the selected
sentence, and addressed any nonfrivolous arguments for a different sentence. United
States v. Provance, 944 F.3d 213, 218 (4th Cir. 2019). A “district court[] need not
robotically tick through § 3553(a)’s every subsection.” United States v. Arbaugh, 951 F.3d
167, 174 (4th Cir. 2020) (internal quotation marks omitted). The sentencing explanation
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need not be extensive, but it must demonstrate that the district court had “a reasoned basis
for exercising [its] own legal decision-making authority.” Provance, 944 F.3d at 218
(internal quotation marks omitted).
“If the sentence is procedurally sound, we then consider the substantive
reasonableness of the sentence, taking into account the totality of the circumstances.”
United States v. McCain, 974 F.3d 506, 515 (4th Cir. 2020) (internal quotation marks
omitted). A sentence is presumptively substantively reasonable if it “is within or below a
properly calculated Guidelines range,” and this “presumption can only be rebutted by
showing that the sentence is unreasonable when measured against the 18 U.S.C. § 3553(a)
factors.” United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
Mabry argues that his sentence is procedurally unreasonable because the district
court failed to address why it rejected his request for a downward variance and failed to
provide an individualized explanation for the chosen sentence. However, the district court
explained that Mabry’s conduct was particularly egregious because he dealt drugs while in
jail, which reflected his dangerousness and likelihood to recidivate. The court also
discussed Mabry’s leadership role, criminal history, difficult childhood, and employment
history. The court adequately considered Mabry’s nonfrivolous arguments and the relevant
§ 3553(a) factors, including his personal characteristics, criminal history, the seriousness
of his offenses, the need for deterrence, and the need to protect the public. The court’s
explanation was sufficient to support the imposition of Mabry’s within-Guidelines
sentence, and Mabry does not overcome the presumption of reasonableness afforded to it.
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Mabry’s sentence is procedurally and substantively reasonable, and we thus discern no
abuse of discretion the district court’s imposition of the 335-month prison term.
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
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