US v. Alonzo Jones, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00035-WO-1. Copies to all parties and the district court/agency. [999141688]. [12-4994]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4994

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALONZO DALE JONES, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:10-cr-00035-WO-1)

Submitted:

June 24, 2013

Decided:

July 2, 2013

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael B. Driver, DRIVER LAW FIRM, PA, Durham, North Carolina,
for Appellant.
Clifton Thomas Barrett, Assistant United States
Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alonzo Dale Jones, Jr., pled guilty to distribution of
cocaine base, in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(B)
(West 1999 & Supp. 2013).

The district court sentenced Jones to

102 months’ imprisonment. *

On appeal, Jones’ counsel has filed a

brief pursuant to Anders v. California, 386 U.S. 738 (1967),
certifying that there are no meritorious issues for appeal but
questioning the substantive reasonableness of Jones’ sentence.
Although informed of his right to do so, Jones has not filed a
pro se brief.

We affirm.

We review Jones’ sentence for reasonableness, applying
a “deferential abuse-of-discretion standard.”
States, 552 U.S. 38, 51 (2007).
sentence

for

calculation

significant
of

the

We begin by reviewing the

procedural

Guidelines

Gall v. United

error,

range,

including

failure

to

improper
consider

sentencing factors under 18 U.S.C. § 3553(a) (2006), sentencing

*

Jones was initially sentenced to 124 months’ imprisonment.
On appeal, the parties filed a joint motion to remand this case
in light of this court’s decision in United States v. Simmons,
649 F.3d 237, 241-49 (4th Cir. 2011) (en banc) (holding that a
North Carolina offense may not be classified as a felony based
on the maximum aggravated sentence that could be imposed upon a
repeat offender if the individual defendant was not eligible for
such a sentence).
By order entered on November 28, 2011, we
granted the motion, vacated the sentence, and remanded the case
for resentencing. See United States v. Jones, No. 11-4466 (4th
Cir. 2011) (unpublished order).
The 102-month sentence was
imposed at resentencing.

2

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based

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on

explain

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clearly
the

erroneous

sentence

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facts,

imposed.

or

Id.

failure
at

to

51.

adequately

Once

we

have

determined that the sentence is free of significant procedural
error, we must consider the substantive reasonableness of the
sentence,

“tak[ing]

circumstances.”

into

account

the

totality

Gall, 552 U.S. at 51.

of

the

If the sentence is

within the appropriate Guidelines range, we apply a presumption
on appeal that the sentence is reasonable.

United States v.

Mendoza-Mendoza, 597 F.3d 212, 217 (4th Cir. 2010).
presumption

is

rebutted

only

when

the

defendant

Such a

demonstrates

“that the sentence is unreasonable when measured against the
§ 3553(a) factors.”

United States v. Montes-Pineda, 445 F.3d

375, 379 (4th Cir. 2006) (internal quotation marks omitted).
Here, our review of the record indicates no procedural
error

in

the

imposition

of

Jones’

sentence.

Further,

the

district court adequately explained the basis for Jones’ withinGuidelines

range

§ 3553(a),

and

we

sentence

based

conclude

that

on

the

Jones

goals
has

of

not

18

U.S.C.

rebutted

the

presumption of reasonableness.
In accordance with Anders, we have reviewed the entire
record and find no other meritorious issues for appeal.
therefore affirm Jones’ conviction and sentence.

We

This court

requires counsel to inform Jones, in writing, of his right to
petition

the

Supreme

Court

of

the
3

United

States

for

further

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review.

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If Jones requests that a petition be filed but counsel

believes such a petition would be frivolous, counsel may move in
this Court for leave to withdraw from representation.

Counsel’s

motion must state that a copy thereof was served on Jones.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this Court and argument would not aid in the decisional process.

AFFIRMED

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