US v. Leon Collin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00066-RJC-1 Copies to all parties and the district court/agency. [998872000].. [11-4928]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4928

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEON FRED COLLINS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cr-00066-RJC-1)

Submitted:

May 31, 2012

Decided:

June 11, 2012

Before KEENAN, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Henderson Hill, Executor Director, Ross Richardson, Assistant
Federal Defender, Elizabeth Blackwood, Research & Writing
Attorney, Charlotte, North Carolina, for Appellant.
Anne M.
Tompkins, United States Attorney, Melissa L. Rikard, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Leon Fred Collins pleaded guilty to armed bank robbery
in

violation

sentenced

of

as

a

imprisonment.

18

career
See

(2010)(Career

U.S.C.

§ 2113(a),

offender

U.S.

Offender

to

Sentencing

a

(d)

(2006),

term

of

was

210

months’

Manual

Guidelines

Guideline).

and

§ 4B1.1

Collins

appeals

sentence, alleging both procedural and substantive error.

his
We

affirm.
At
variance

his

below

sentencing
the

Career

hearing,

Collins

Offender

argued

Guidelines

that

range

a
was

appropriate because the Career Offender Guideline was developed
in a flawed manner, unlike other Guidelines, and was unlikely to
produce a sentence that achieved the objectives of 18 U.S.C.
§ 3553(a) (2006).
We

The district court declined to vary downward.

review

a

sentence

under

a

deferential

abuse-of-

discretion standard, which requires consideration of both the
procedural
sentence.
Collins

and

substantive

reasonableness

of

a

Gall v. United States, 552 U.S. 38, 41, 51 (2007).

first

maintains

that

the

district

court

procedurally

erred by (1) treating the Career Offender Guideline as mandatory
and failing to appreciate that the court had the authority to
vary below the Career Offender Guidelines range, (2) applying
the

Career

Offender

Guideline

mechanically

in

the

apparent

belief that a sentence within the range carried a presumption of
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reasonableness, and (3) failing to provide a rationale for the
sentence

by

giving

particular case.

an

individualized

assessment

of

Collins’

See United States v. Carter, 564 F.3d 328-330

(4th Cir. 2009) (explaining need for individualized rationale to
facilitate appellate review).
None of Collins’s claims are supported by the record.
The

district

court

acknowledged

the

advisory

nature

of

the

Guidelines and addressed Collins’ argument for a variance, if
briefly.

The

district

facts

his

case

of

court

and

further

explained

discussed

that

the

Collins’

specific

record

of

robberies, drug crime, failure to benefit from drug treatment,
and

violations

of

probation

and

against a more lenient sentence.

supervised

release

argued

We conclude that Collins has

not shown procedural error.
If
substantive
totality

of

there

is

no

reasonableness
the

procedural
of

the

circumstances

to

error,

sentence
see

by

whether

we

review

examining
the

the
“the

sentencing

court abused its discretion in concluding that the sentence it
chose satisfied the standards set forth in § 3553(a).”

United

States v. Mendoza-Mendoza, 597 F.3d 212, 216 (4th Cir. 2010).
This

Court

Guidelines
217;

United

treats
range
States

a
as
v.

sentence

within

presumptively
Wallace,

2008).
3

515

a

properly

reasonable.
F.3d

327,

334

calculated
Id.
(4th

at
Cir.

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contends

the

Collins

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seriously

consider

his

that

argument

district

that

the

court

did

Career

not

Offender

Guideline is flawed because it is not based on empirical data.
Relying on Kimbrough v. United States, 552 U.S. 85, 108 (2007)
(approving deviation from advisory Guidelines range for crack
cocaine offenses), Collins argues that, in deciding whether to
depart or vary below a properly calculated Guidelines range, the
district

court

may

considerations.

vary

from

the

range

based

on

policy

However, although “a sentencing court may be

entitled to consider policy decisions underlying the Guidelines,
United States v. Rivera-

it is under no obligation to do so.”

Santana, 668 F.3d 95, 101 (4th Cir. 2012) (internal citation
omitted).

Kimbrough

disagree

with

the

does

policy

not

require

underlying

a

appellate

courts

Guideline.

to

United

States v. Talamantes, 620 F.3d 901, 902 (8th Cir. 2010) (per
curiam).

While “district courts certainly may disagree with the

Guidelines

for

policy

reasons

and

may

adjust

a

sentence

accordingly[,] . . . if they do not, [appellate courts] will not
second-guess
simply
based.”

their

because

decisions

the

under

particular

a

more

Guideline

is

lenient
not

standard

empirically-

United States v. Mondragon-Santiago, 564 F.3d 357, 367

(5th Cir. 2009).

We conclude that the district court did not

abuse its discretion when it declined to vary below the Career
Offender Guidelines range.
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We therefore affirm the district court’s judgment.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the
Court and argument would not aid the decisional process.

AFFIRMED

5