US v. Vincent Sumpter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:05-cr-00246-FL-1. Copies to all parties and the district court/agency. [998831893]. [11-4707]

Appeal: 11-4707

Document: 31

Date Filed: 04/13/2012

Page: 1 of 5

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4707

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VINCENT SUMPTER,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
Chief District Judge. (5:05-cr-00246-FL-1)

Submitted:

April 6, 2012

Decided:

April 13, 2012

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas
N.
Cochran,
Assistant
Federal
Public
Defender,
Greensboro, North Carolina, for Appellant.
Jennifer P. MayParker,
Assistant
United
States
Attorney,
Raleigh,
North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-4707

Document: 31

Date Filed: 04/13/2012

Page: 2 of 5

PER CURIAM:
Vincent
resulting

from

possession.

Sumpter
a

was

convicted

conspiracy

to

commit

of

several

robbery

offenses

and

firearm

In United States v. Sumpter, No. 06-4814, 2011 WL

1320206

(4th

affirmed

the

Cir.

Apr.

7,

convictions

2011)

but

(unpublished),

remanded

for

this

court

resentencing.

We

directed the district court to make an individualized assessment
prior to ordering the sentence, citing Gall v. United States,
552 U.S. 38 (2007), and United States v. Carter, 564 F.3d 325
(4th Cir. 2009), and to make the required findings relative to
Sumpter’s ability to pay a fine.
announced

the

properly

At resentencing, the court

calculated

Guidelines,

heard

from

the

parties regarding the appropriate sentence and then imposed the
same sentence.

On appeal, counsel has filed a brief pursuant to

Anders v. California, 386 U.S. 738 (1967), asserting there were
no meritorious arguments for appeal but raising on behalf of
Sumpter the harshness of the sentence.

Sumpter has filed a pro

se supplemental brief raising three issues.
not file a brief.

The Government did

We affirm.

We review a sentence for reasonableness, applying an
abuse of discretion standard.

Gall v. United States, 552 U.S.

38, 51 (2007); see also United States v. Llamas, 599 F.3d 381,
387

(4th

Cir.

consideration

of

2010).
both

This

2

requires

procedural

the

review

and

appellate
substantive

Appeal: 11-4707

Document: 31

reasonableness
determining

Date Filed: 04/13/2012

of

a

sentence.

procedural

Page: 3 of 5

Gall,

552

reasonableness,

U.S.

this

at

court

51.

In

considers

whether the district court properly calculated the defendant’s
advisory Guidelines range, considered the 18 U.S.C. § 3553(a)
(2006) factors, analyzed any arguments presented by the parties,
and

sufficiently

“Regardless

of

explained

whether

the

below,

or

within-Guidelines

record

an

individualized

the

district

marks

assessment

omitted).

court

sentence,

facts of the case before it.”
quotation

selected

it

sentence.
imposes
must

based

on

an

place
the

Id.
above,
on

the

particular

Carter, 564 F.3d at 330 (internal
An

extensive

explanation

is

not

required as long as the appellate court is satisfied “‘that [the
district court] has considered the parties’ arguments and has a
reasoned

basis

authority.’”

for

exercising

[its]

own

legal

decisionmaking

United States v. Engle, 592 F.3d 495, 500 (4th

Cir. 2010) (quoting Rita v. United States, 551 U.S. 338, 356
(2007))

(alterations

in

original).

If

the

court

finds

“no

significant procedural error,” it next assesses the substantive
reasonableness
totality

of

of

the

the

sentence,

circumstances,

taking
including

variance from the Guidelines range.’”

“‘into
the

account

extent

of

the
any

United States v. Morace,

594 F.3d 340, 345-46 (4th Cir. 2010) (quoting Gall, 552 U.S. at
51).

3

Appeal: 11-4707

Document: 31

We
sufficient

Date Filed: 04/13/2012

conclude

that

individualized

sentence.

The

court

the

Page: 4 of 5

district

assessment

noted

prior

Sumpter’s

court
to

criminal

provided

a

ordering

the

history,

the

offense conduct, the harm to the victims, Sumpter’s propensity
to commit more offenses, the need to protect the public, and
Sumpter’s own admission that he was too lazy to work.

The court

found

extensive

that

despite

the

fact

that

Sumpter

had

an

criminal history there was nothing in the record to indicate
that he would slow down his criminal conduct.

Rather, the court

noted that Sumpter’s conduct became more violent as time passed. 1
We have considered the issues Sumpter raises in his
pro se brief and find no merit.

Insofar as Sumpter challenges

his convictions, we note that those issues are foreclosed from
review

because

the

convictions

were

previously

affirmed.

Sumpter’s challenge to the court’s decision to base the offense
level in part on acquitted conduct is without merit.

See United

States v. Grubbs, 585 F.3d 793, 798-99 (4th Cir. 2009). 2

1

With regard to whether the district court considered
Sumpter’s ability to pay a fine, at resentencing the court
declined to order a fine.
2

In the Anders brief, counsel notes that the special
conditions of supervised release listed in the amended judgment
did not conform to the oral pronouncement of sentence. We note
that those conditions were part of the original judgment and
were not challenged on appeal.
Accordingly, we are without
jurisdiction
to
give
those
special
conditions
further
(Continued)
4

Appeal: 11-4707

Document: 31

Date Filed: 04/13/2012

Page: 5 of 5

In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Sumpter’s sentence.
that

counsel

inform

Sumpter,

in
the

petition

the

Supreme

Court

of

review.

If

Sumpter

requests

This court requires

writing,

that

of

United
a

the

States

petition

right

for

be

to

further

filed,

but

counsel believes that such a petition would be frivolous, then
counsel

may

move

representation.

in

this

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Sumpter.

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

consideration. See United States v. Johnson, 138 F.3d 115, 11718 (4th Cir. 1998).

5