US v. Benjamin Keziah
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BENJAMIN LEE KEZIAH, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:08-cr-00058-MR-1)
October 29, 2009
November 9, 2009
Before WILKINSON and Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Joseph L. Ledford, JOSEPH L. LEDFORD, Charlotte, North Carolina, for Appellant. Edward R. Ryan, Acting United States Attorney, Charlotte, North Carolina; Amy E. Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Benjamin Keziah pleaded guilty to possession of child pornography, in violation of 18 U.S.C.A. § 2252(a)(4)(B) (West 2009), and two counts of receiving child pornography, in
violation of 18 U.S.C.A. § 2252(a)(2) (West 2009).
court sentenced Keziah to 151 months of imprisonment and he now appeals. Finding no error, we affirm. Keziah argues that the district court's sentence is procedurally sentence standard. for and substantively unreasonable. an abuse We of review a
Gall v. United States, 552 U.S. 38, ___, 128 S. Ct.
586, 597 (2007); see also United States v. Layton, 564 F.3d 330, 335 (4th Cir. 2009), petition for cert. filed (U.S. July 24, 2009) (No. 09-5584). for "significant (or In so doing, we first examine the sentence error," including the "failing to
treating the [g]uidelines as mandatory, failing to consider the [18 U.S.C.] on § 3553(a) [(2006)] factors, or selecting failing to a sentence
explain the chosen sentence . . . ."
Gall, 128 S. Ct. at 597.
This court then "`consider[s] the substantive reasonableness of the sentence imposed.'" United States v. Evans, 526 F.3d 155,
161 (4th Cir.) (quoting Gall, 128 S. Ct. at 597), cert. denied, 129 S. Ct. 476 (2008). "Substantive 2 reasonableness review
entails taking into account the `totality of the circumstances, including range.'" the extent of any variance from the [g]uidelines
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
United States v. Allen, 491 F.3d 178, 193 (4th
Cir. 2007); see Rita v. United States, 551 U.S. 338, 346-56 (2007) (upholding presumption of reasonableness for
within-guidelines sentence). We have thoroughly reviewed the record and find that the sentence is both procedurally and substantively reasonable. The district court properly calculated the advisory guidelines range, considered the 18 U.S.C. § 3553(a) factors, and provided an adequate explanation of its chosen sentence. See United In of
States v. Carter, 564 F.3d 325, 328-30 (4th Cir. 2009). addition, substantive sentence. Keziah has failed we to rebut to the his presumption
We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional
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