US v. Lisa Kinley
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff Appellee, v. LISA TODD KINLEY, Defendant Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:07-cr-00428-WO-16)
October 2, 2009
October 22, 2009
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stacey D. Rubain, QUANDER & RUBAIN, P.A., Winston-Salem, North Carolina, for Appellant. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Lisa Todd Kinley pled guilty pursuant to a plea
agreement to conspiracy to manufacture and to distribute 500 grams or more of methamphetamine and possession of
pseudoephedrine, knowing that it would be used to manufacture methamphetamine, in violation of 21 U.S.C. §§ 802(34)(K),
841(a)(1), (b)(1)(A), (c)(2), 846 (2006).
The district court
sentenced Kinley to the minimum imprisonment term required by statute, 120 months. Kinley now appeals. Counsel has filed a
brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious issues for appeal, but questioning whether the district court abused its discretion in sentencing Kinley to 120 months' imprisonment. We review Kinley's sentence We affirm. a deferential
Gall v. United States, 552 U.S. The first step
38, ___, ___, 128 S. Ct. 586, 591, 594 (2007).
in this review requires us to "ensure that the district court committed no significant procedural error, such as improperly calculating the Guidelines range." 514 F.3d 377, 387 (4th Cir.) United States v. Osborne, (internal quotation marks,
citations and alterations omitted), cert. denied, 128 S. Ct. 2525 (2008). the sentence, We then consider the substantive reasonableness of "tak[ing] into account the totality of the
Gall, 128 S. Ct. at 597. 2
When reviewing a
sentence on appeal, we presume that a sentence within a properly calculated Allen, 491 Guideline F.3d range 193 is reasonable. Cir. United States Further, v. a
2007). per se
sentence . . . is
United States v. Farrior, 535 F.3d 210, 224 (4th Cir.), cert. denied, 129 S. Ct. 743 (2008). Kinley was subject to a statutorily-mandated minimum prison Although term of ten years under 21 U.S.C. range § 841(b)(1)(A). she not been
subject to a mandatory minimum sentence would have been 97 to 121 months, the district court properly took the mandatory
minimum term into account to determine that Kinley's Guidelines range was 120 to 121 months. The court gave the parties an
opportunity to argue for an appropriate sentence in that range and heard allocution from Kinley. The 120-month prison sentence
Kinley received was within the properly calculated Guidelines range and the minimum required by statute. Accordingly, we
conclude that the district court did not abuse its discretion in sentencing Kinley. As required by Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. therefore affirm the district court's judgment. This We
requires that counsel inform Kinley, in writing, of the right to petition the Supreme Court of 3 the United States for further
counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from
Counsel's motion must state that a copy thereof We dispense with oral argument because
was served on Kinley.
the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the
decisional process. AFFIRMED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?