US v. Antonio Minor

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00210-CMH-1 Copies to all parties and the district court/agency. [998443331] [09-4960]

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US v. Antonio Minor Doc. 0 Case: 09-4960 Document: 49 Date Filed: 10/12/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4960 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ANTONIO A. MINOR, a/k/a Whiteboy, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:09-cr-00210-CMH-1) Submitted: October 1, 2010 Decided: October 12, 2010 Before WILKINSON, NIEMEYER, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert L. Jenkins, Jr., BYNUM & JENKINS, PLLC, Alexandria, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Edmund P. Power, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 09-4960 Document: 49 Date Filed: 10/12/2010 Page: 2 PER CURIAM: Antonio agreement, to one A. Minor of pleaded guilty, to without receive, a plea count conspiracy possess, conceal, barter, sell and dispose of motor vehicles that crossed a state boundary, in violation of 18 U.S.C. 371 (2006), and one count of interstate receipt, possession and sale of a stolen motor vehicle, in violation of 18 U.S.C. 2313 (2006). district court calculated Minor's advisory Guidelines The range under the U.S. Sentencing Guidelines Manual ("USSG") (2008) to be eighty-four of to 105 months' months' imprisonment imprisonment. its and imposed a sentence appeals eighty-four Minor timely his sentence, We affirm. review the challenging substantive reasonableness. We district court's sentence for reasonableness under an abuse-of-discretion standard. United States, 552 U.S. 38, 51 (2007). consideration of both the Id. Gall v. This review requires and substantive procedural reasonableness of a sentence. four-month prison sentence as Minor challenges the eightyunreasonable, but substantively concedes its procedural reasonableness. In reasonable, determining we "take whether into a sentence the is substantively of the account totality circumstances." Gall, 552 U.S. at 51; United States v. Pauley, This court presumes that a 511 F.3d 468, 473 (4th Cir. 2007). 2 Case: 09-4960 Document: 49 Date Filed: 10/12/2010 Page: 3 sentence within a properly determined advisory Guidelines range is substantively reasonable. See United States v. Abu Ali, 529 F.3d 210, 261 (4th Cir. 2008). Minor argues that his sentence is substantively unreasonable because the sentence he received was greater than those of his co-conspirators. sentences ignore "the need Minor asserts that the disparate to avoid unwarranted sentence disparities among defendants with similar records who have been found (2006). guilty of similar conduct." 18 U.S.C. 3553(a)(6) However, Minor's sentence differed from those of his because his more extensive criminal history co-conspirators yielded a higher Guidelines range. We conclude that Minor has not rebutted the presumption of reasonableness that we apply to a sentence within the properly calculated Guidelines range. Accordingly, we affirm the district court's judgment. 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

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