US v. Doster Mangum, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:10-cr-00061-FL-1 Copies to all parties and the district court/agency. [998747924].. [11-4361]

Appeal: 11-4361

Document: 38

Date Filed: 12/20/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4361

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DOSTER MANGUM, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (4:10-cr-00061-FL-1)

Submitted:

November 28, 2011

Decided:

December 20, 2011

Before AGEE, KEENAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mitchell G. Styers, BANZET, THOMPSON & STYERS, PLLC, Warrenton,
North Carolina, for Appellant. Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-4361

Document: 38

Date Filed: 12/20/2011

Page: 2 of 3

PER CURIAM:
Doster Mangum, Jr. pleaded guilty to possession of a
firearm

by

a

§§ 922(g)(1),
advisory

convicted
924

felon

(2006).

Guidelines

in

violation

Prior

range

was

to

of

18

sentencing,

seventy-seven

to

U.S.C.
Mangum’s

ninety-six

months’ imprisonment pursuant to the U.S. Sentencing Guidelines
Manual (“USSG”)
departure

(2010).

underrepresented
failed

to

appeals.

criminal

seriousness

adequately

recidivism.
sentenced

the

Government

Mangum’s

because

The

The
Mangum

account

court
to

of
for

granted

108

his

the

months’

moved

for

an

history
criminal

Mangum’s

upward

category

history

and

likelihood

of

Government’s

motion
Mangum

imprisonment.

and
now

We affirm.
When the district court imposes a departure sentence,

we consider “whether the sentencing court acted reasonably both
with respect to its decision to impose such a sentence and with
respect

to

range.”
123

the

extent

of

the

divergence

from

the

sentencing

United States v. Hernandez-Villanueva, 473 F.3d 118,

(4th Cir. 2007).

Under

USSG

§ 4A1.3(a)(1),

the

district

court may upwardly depart from the Guidelines range if the court
determines

that

substantially
defendant’s

“the

defendant’s

under-represents
criminal

history

criminal
the

or

the

defendant will commit other crimes[.]”
2

history

category

seriousness

of

the

likelihood

that

the

The court may consider

Appeal: 11-4361

prior

Document: 38

sentences

category.

Date Filed: 12/20/2011

not

used

in

Page: 3 of 3

computing

the

criminal

history

did

err

USSG § 4A1.3(a)(2)(A).
We

upwardly

find

that

departing.

the

district

Mangum’s

court

thirty-five

not

criminal

in

history

points are almost three times the thirteen points required to
place him in the highest criminal history category.

The court

considered Mangum’s extensive criminal conduct in depth.

The

court

the

had

ample

evidence

before

it

to

determine

that

Guidelines range did not adequately represent the seriousness of
Mangum’s

criminal

history

and

his

likelihood

of

recidivism.

Accordingly, the court did not err in upwardly departing.
We
district
facts

court.

and

materials

therefore

legal
before

We

affirm

dispense

the
with

sentence
oral

argument

contentions

are

adequately

the

and

argument

court

imposed

by

the

because

the

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

3