US v. Antone Figuried, Jr.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTONE FIGURIED, JR., Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:07-cr-00105-NCT-1)
August 21, 2009
October 1, 2009
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Carlyle Sherrill, III, SHERRILL & CAMERON, PLLC, Salisbury, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Lisa B. Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Antone Figuried, Jr., pled guilty to being in
possession of a firearm while subject to a domestic-violence protective order, in violation of 18 U.S.C. §§ 922(g)(8),
The district court sentenced him to twentyOn appeal, Figuried raises one issue,
four months in prison.
arguing that the district court erred by sentencing him without taking into account Figuried's presentence jail time on both related and unrelated state charges. We affirm.
We review a sentence for reasonableness under an abuse of discretion standard. Gall v. United States, 552 U.S. 38, __, This review requires appellate procedural 128 S. Ct. and at substantive 597. After
128 S. Ct. 586, 597 (2007). consideration reasonableness of of a both the
determining whether the district court properly calculated the defendant's advisory Guidelines range, we must assess whether the district court considered the 18 U.S.C. § 3553(a) (2006) factors, analyzed any arguments presented by the parties, and sufficiently explained the selected sentence. Finally, sentence, we review the into substantive account Id. at 596-97. of of the the
reasonableness the totality
circumstances, including the extent of any variance from the Guidelines range." United States v. Pauley, 511 F.3d 468, 473
(4th Cir. 2007) (internal quotation marks omitted). 2
On appeal, Figuried claims the district court erred by not considering approximately six months Figuried spent in state custody on related charges, as well as additional time Figuried spent incarcerated on unrelated state charges before he was
taken into federal custody.
Figuried concedes that the district
court was not required to give him actual credit for this time, but says the district court erred by not including the time among its consideration of the § 3553(a) sentencing factors.
The Government responds that the calculation of jail credit is committed to the Bureau of Prisons; therefore, the district
court did not err in failing to consider Figuried's presentence incarceration. We find that the relevant authority supports the See United States v. Wilson, 503 U.S.
329, 333-34 (1992) (assigning calculation of jail credit under 18 U.S.C. § 3585(b) (2006) to Bureau of Prisons, not district court). Therefore, the district court did not impose an
unreasonable sentence, procedurally or substantively, because of its decision not to shorten Figuried's federal sentence based on his presentence jail time in state custody on state charges. dispense with oral argument because the facts and We
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?