US v. Norman Groom
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:91-cr-00005-nkm-mfu-1. Copies to all parties and the district court/agency. [998490635] [10-4727]
US v. Norman Groom
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Case: 10-4727 Document: 21
Date Filed: 12/23/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4727 UNITED STATES OF AMERICA, Plaintiff Appellee, v. NORMAN LEE GROOMS, Defendant Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Norman K. Moon, Senior District Judge. (3:91-cr-00005-nkm-mfu-1) Submitted: November 24, 2010 Decided: December 23, 2010
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Larry W. Shelton, Federal Public Defender, Andrea L. Harris, Assistant Federal Public Defender, Christine Madeleine Lee, Research and Writing Attorney, Charlottesville, Virginia, for Appellant. Timothy J. Heaphy, United States Attorney, Nancy S. Healey, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
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PER CURIAM: Norman imposed on him Lee upon Grooms appeals of the his eleven-month supervised sentence release.
revocation
Grooms argues that his sentence is plainly unreasonable because consideration of the relevant factors enumerated in 18 U.S.C. § 3553(a) (2006) supports imposition of a sentence shorter than eleven months. He also contends that the district court failed
to adequately explain its reasons for his sentence and did not address factors supporting a downward variance. This revocation of court will affirm release v. step a sentence if it is 595 We affirm. imposed not F.3d after plainly 544, 546 a
supervised United The
unreasonable. (4th Cir. 2010).
States first
Thompson, in this
review
requires
determination of whether the sentence is unreasonable. States v. initial Crudup, 461 F.3d a 433, 438 (4th Cir. 2006). appellate
United "This posture
inquiry
takes
more
`deferential
concerning issues of fact and the exercise of discretion' than reasonableness review for guidelines sentences." United
States v. Moulden, 478 F.3d 652, 656 (4th Cir. 2007) (quoting Crudup, standard 461 of F.3d review at for 439) (applying "plainly unreasonable" Only if the
probation
revocation).
sentence is procedurally or substantively unreasonable does the inquiry proceed to the second step of the analysis to determine
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whether the sentence is plainly unreasonable. at 438-39. A procedurally supervised reasonable if release the revocation
Crudup, 461 F.3d
sentence considered
is the
district
court
advisory policy statement range based upon Chapter Seven of the U.S. Sentencing Guidelines Manual and the 18 U.S.C. § 3553(a) (2006) factors applicable to supervised release revocation. 18 U.S.C. § 3583(e); Crudup, 461 F.3d at 438-40. See
A sentence is
substantively reasonable if the district court stated a proper basis for concluding the defendant should receive the sentence imposed, up to the statutory maximum. Crudup, 461 F.3d at 440.
"A court need not be as detailed or specific when imposing a revocation sentence as it must be when imposing a post-
conviction sentence, but it still must provide a statement of reasons for the sentence imposed." (internal quotation marks omitted). We reasonable. concerning history find that Grooms' sentence is procedurally Thompson, 595 F.3d at 547
The district court engaged counsel in a discussion an appropriate his conduct sentence leading in to light the of Grooms' past
and
instant
supervised
release violation.
The court concluded Grooms demonstrated an
unwillingness to follow the provisions of his supervised release and it sentenced him accordingly.
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Grooms maintains his sentence did not rest on a proper basis and relies to principally the on the district court's has
unwillingness
consider
lengthy
sentence
Grooms
already served for his original offense. court's approach was the correct one.
However, the district
While it did not consider
Grooms' original offense, it did consider the circumstances of his instant violation enumerated in in the context of We the applicable find
considerations
§ 3553(a).
therefore
Grooms' sentence substantively reasonable. Accordingly, judgment. legal before we affirm the district court's
We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
would
process. AFFIRMED
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