US v. Christopher Thomas

Filing 920090721

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-5081 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER THOMAS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Chief District Judge. (3:07-cr-01251-JFA-1) Submitted: July 7, 2009 Decided: July 21, 2009 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Beattie B. Ashmore, PRICE ASHMORE & BEASLEY P.A., Greenville, South Carolina, for Appellant. John David Rowell, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher Thomas pleaded guilty to possession with intent to distribute cocaine base, marijuana, and ecstasy, in violation of 21 U.S.C. 841(a) (2006), and carrying a firearm in relation to a drug trafficking crime, in violation of 18 U.S.C.A. 924(c)(1)(A) (West Supp. 2009). The district court His attorney sentenced Thomas to 117 months of imprisonment. has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), raising one issue but stating that there are no meritorious issues for appeal. Thomas was informed of his right We to file a pro se supplemental brief but did not do so. affirm. In district the Anders in brief, counsel questions to whether months the of court erred sentencing Thomas 117 imprisonment. We review a sentence for reasonableness, applying Gall v. United States, 552 597 (2007); see also United In so an abuse of discretion standard. U.S. 38, ___, 128 S. Ct. 586, States v. Layton, 564 F.3d 330, 335 (4th Cir. 2009). doing, we first examine the sentence for "significant procedural error," including: "failing to calculate (or improperly calculating) the [g]uidelines range, treating the [g]uidelines as mandatory, failing to consider a the [18 U.S.C.] based 3553(a) clearly [(2006)] factors, selecting sentence on erroneous facts, or failing to adequately explain the chosen 2 sentence . . . ." consider[s] imposed." taking into the the Id. Gall, 128 S. Ct. at 597. substantive reasonableness This court "then of the review sentence entails "Substantive the of reasonableness of the account extent `totality any variance circumstances, [g]uidelines including range.'" from the United States v. Pauley, 511 F.3d 468, 473 (4th Cir. If the sentence is a presumption of 2007) (quoting Gall, 128 S. Ct. at 597). within the guidelines range, we apply reasonableness. S. Ct. 2456, Rita v. United States, 551 U.S. 338, ___, 127 2462-69 (2007) (upholding presumption of reasonableness for within-guidelines sentence). We district have reviewed the no record and conclude that error the in court committed reversible we procedural that sentencing Thomas. Furthermore, conclude Thomas' within-guidelines sentence is substantively reasonable. We have examined the entire record in accordance with the requirements of Anders and have found no meritorious issues for appeal. court. writing, This of We therefore affirm the judgment of the district court requires to that counsel the inform Thomas, of in the the right petition Supreme Court United States for further review. If Thomas requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. 3 Counsel's motion must state that a copy thereof was served on Thomas. 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 4

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