US v. Marqueis Longus

Filing 920081124

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4534

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARQUEIS D. LONGUS, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:04-cr-00254-REP-1)

Submitted:

October 20, 2008

Decided:

November 24, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael S. Nachmanoff, Federal Public Defender, Frances H. Pratt, Paul G. Gill, Assistant Federal Public Defenders, Richmond, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Angela Mastandrea-Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Marqueis D. Longus appeals the district court's

judgment revoking his supervised release and imposing a sentence of twenty-four months' imprisonment. sentence is plainly unreasonable. affirm. We will affirm a sentence imposed after revocation of supervised release if it is not plainly unreasonable. States v. Crudup, 461 F.3d 433, 437 (4th Cir. 2006). United The Longus alleges that his

For the following reasons, we

sentence first must be assessed for reasonableness, "follow[ing] generally the procedural and substantive considerations that we employ in our review of original sentences[,] . . . with some necessary modifications to take into account the unique nature of supervised release revocation sentences." Id. at 438-39; see

United States v. Finley, 531 F.3d 288, 294 (4th Cir. 2008) ("In applying determine, States, 128 the `plainly the Ct. unreasonable' given standard, in Gall a we [v. first United is

using S.

instructions 586, 597

(2007)],

whether

sentence

`unreasonable.'"). We Crudup, 461 affirm F.3d or at a sentence 439. that if is a not unreasonable. is we found "decide

Only

sentence will

procedurally

substantively

unreasonable

2

whether the sentence is plainly unreasonable." * 531 F.3d at 294.

Id.; see Finley,

Although the district court must consider the

Chapter 7 policy statements and the requirements of 18 U.S.C. §§ 3553(a), 3583 (2006), "the [district] court ultimately has broad discretion to revoke its previous sentence and impose a term of imprisonment up to the statutory maximum." Crudup, 461

F.3d at 439 (internal quotation marks and citations omitted). We have thoroughly reviewed Longus' sentence and find it to be procedurally and substantively reasonable. Based on

this conclusion, "it necessarily follows that" Longus' sentence is not "plainly unreasonable." Finley, 531 F.3d at 297. Accordingly, we affirm the district court's judgment revoking Longus' supervised release and imposing a twenty-four month prison term. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the Crudup, 461 F.3d at 440; see

contentions the court

materials

would

decisional process. AFFIRMED

"[F]or purposes of determining whether an unreasonable sentence is plainly unreasonable, `plain' is synonymous with `clear' or, equivalently, `obvious.'" Crudup, 461 F.3d at 439 (internal quotation marks, citation, and alteration omitted).

*

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