United States v. Nathan Glover

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
July 17, 2008
No. 08-10112
THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-00005-CR-WTM-5
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NATHAN GLOVER,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
_________________________
(July 17, 2008)
Before MARCUS, WILSON, and PRYOR, Circuit Judges.
PER CURIAM:
Nathan Glover appeals his sentence of imprisonment for 114 months for
conspiracy to possess with the intent to distribute and to distribute a quantity of
cocaine base. See 21 U.S.C. § 846. Glover argues that the district court erred
when it denied the motion to withdraw filed by his counsel after Glover’s notice of
appeal and that his sentence is unreasonable. We affirm Glover's sentences.
We do not consider Glover’s first argument. The denial of the motion to
withdraw occurred after Glover filed his notice of appeal, and Glover did not file
an amended notice of appeal. Because an appeal from a final judgment “brings up
for review . . . preceding nonfinal order[s]” only, we lack jurisdiction to review the
later denial of the motion to withdraw. See Kirkland v. Nat’l Mortgage Network,
Inc., 884 F.2d 1367, 1369-70 (11th Cir. 1989).
The reasonableness of a sentence is reviewed for an abuse of discretion.
Gall v. United States, 552 U.S. ___, ___, 128 S. Ct. 586, 597 (2007). Our review
involves an examination of the totality of the circumstances, including whether the
statutory factors for sentencing, 18 U.S.C. § 3553(a), support the challenged
sentence. Id. at ___, 128 S. Ct. at 597-600. We defer to the judgment of the
district court in the weight given to the factors in section 3553(a) unless the
district court has made “a clear error of judgment” and has imposed “a sentence
that lies outside the range of reasonable sentences dictated by the facts of the
case.” United States v. McBride, 511 F.3d 1293, 1297-98 (11th Cir. 2007)
(citations omitted).
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Glover has failed to establish that his sentence is unreasonable. The
sentence for 114 months was near the low end of the advisory guideline range of
108 to 135 months. The district court weighed the factors in section 3553(a) and
did not make any clear error of judgment. The district court reasonably
determined that this sentence was not greater than necessary to achieve the
statutory purposes of sentencing.
Glover’s sentence is AFFIRMED.
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