US v. Zhivago Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:08-cr-00401-CMC-2. Copies to all parties and the district court/agency. [998400530] [09-4425]

Case: 09-4425

Document: 38

Date Filed: 08/11/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4425 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. ZHIVAGO ANWAH ROBINSON, a/k/a Anwah, a/k/a Anwar, Defendant ­ Appellant.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:08-cr-00401-CMC-2) Submitted: July 28, 2010 Decided: August 11, 2010

Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Langdon D. Long, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, James Chris Leventis, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Case: 09-4425

Document: 38

Date Filed: 08/11/2010

Page: 2

PER CURIAM: A conspiracy federal to jury convicted with Zhivago to Anwah Robinson and of to

possess

intent

distribute

distribute cocaine base, in violation of 21 U.S.C. § 846 (2006), possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2006), and possession with intent to

distribute and distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2006). determined Sentencing that Robinson and At sentencing, the district court was a career him offender to 360 under months the of

Guidelines

sentenced

imprisonment.

See U.S. Sentencing Guidelines Manual ("USSG") Robinson now appeals, and argues that the

§ 4B1.1(a) (2008).

district court erred in imposing a 360-month sentence because his predicate offenses for the career offender designation

involved small amounts of drugs, no firearms, and no violence. Finding no error, we affirm. We deferential review "abuse a of sentence for reasonableness, Gall using v. a

discretion"

standard.

United

States, 552 U.S. 38, 51 (2007); United States v. Evans, 526 F.3d 155, 161 (4th court Cir. 2008). After determining the whether the

district Guidelines

properly this the

calculated court

defendant's the into

advisory

range, of

reviews "taking

substantive account the

reasonableness

sentence,

totality of the circumstances." 2

United States v. Pauley, 511

Case: 09-4425

Document: 38

Date Filed: 08/11/2010

Page: 3

F.3d

468,

473

(4th

Cir. This

2007) court

(internal presumes

quotation a sentence

marks

and a

citation

omitted).

within

properly determined advisory Guidelines range is substantively reasonable. United States v. Allen, 491 F.3d 178, 193 (4th Cir.

2007); see Rita v. United States, 551 U.S. 338, 347 (2007). Robinson does not challenge the procedural

reasonableness of his sentence on appeal. its substantive of a the reasonableness, circumstances, within the asserting the

Rather, he attacks that, court under erred the in

totality imposing range.

district

sentence

properly-calculated

Guidelines

He argues that, because the predicate offenses for his

career offender enhancement did not involve firearms, violence, or a significant quantity of drugs, he did not merit the lengthy sentence imposed by the district court. We conclude, however, that Robinson has not rebutted the presumption of reasonableness that we apply to Robinson's sentence. Allen, 491 F.3d at 193. Accordingly, we affirm the

judgment of the district court.

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

3