US v. Canady
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus REGGIE WALDO CANADY, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:02-cr-00127-F-3)
August 23, 2006
September 18, 2006
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mitchell G. Styers, BANZET, THOMPSON & STYERS, PLLC, Warrenton, North Carolina, for Appellant. George E. B. Holding, Acting United States Attorney, Anne M. Hayes, Christine Witcover Dean, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: Reggie Waldo Canady appeals his 248-month prison sentence resulting from his conviction for conspiracy to distribute cocaine base in violation of 21 U.S.C. § 846 (2000), possession with the intent to distribute cocaine base in violation of 21 U.S.C.
§ 841(a)(1) (2000), and for using and carrying a firearm during the drug conspiracy in violation of 18 U.S.C. § 924(c) (2000). Finding no error, we affirm. Canady contends that the district court imposed his sentence in violation of United States v. Booker, 543 U.S. 220 (2005). After Booker, a sentencing court is no longer bound by the United States v.
range prescribed by the sentencing guidelines.
Green, 436 F.3d 449, 455-56 (4th Cir. 2006); United States v. Hughes, 401 F.3d 540, 546 (4th Cir. 2005). In determining the
sentence, however, courts are still required to calculate and consider the guidelines range, as well as the factors set forth in 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2005). defendants after Booker, district courts Id. In sentencing apply a
preponderance of the evidence standard, taking into account that the resulting guideline range is advisory only. Morris, 429 F.3d 65, 72 (4th Cir. 2005). United States v. We will affirm a
post-Booker sentence if it is within the statutorily prescribed range and is reasonable. Hughes, 401 F.3d at 546-47.
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Here, the district court correctly calculated Canady's range under the of now-advisory the evidence sentencing standard. guidelines After using a due
consideration to the § 3553(a) factors, the district court then sentenced him within the statutorily prescribed range for his offenses and below the range provided for by the sentencing
Canady has not rebutted the presumption that the
district court imposed a reasonable sentence. Accordingly, we affirm the judgment of the district court. 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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