US v. David Salter
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00216-SDT-1 Copies to all parties and the district court/agency. [999408027]. [13-4988]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4988
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID VICTOR SALTER,
Defendant - Appellant.
Appeal from the United States District Court
District of North Carolina, at Greensboro.
Thacker, Circuit Judge, sitting by designation.
SDT-1)
Submitted:
July 22, 2014
Decided:
for the Middle
Stephanie D.
(1:13-cr-00216-
August 1, 2014
Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, Greensboro, North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Andrew C. Cochran, Special Assistant United States Attorney,
Winston-Salem, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
David
sentence
Victor
imposed
by
Salter
the
appeals
district
the
court
fifty-one-month
following
his
guilty
pleas to bank robbery, 18 U.S.C. § 2113(a), (d) (2012), and
Hobbs
Act
robbery,
18
U.S.C.
§
1951(a)
(2012).
On
appeal,
Salter’s sole contention is that his sentence is substantively
unreasonable.
We affirm.
We review a sentence for reasonableness, applying “an
abuse-of-discretion standard.”
38,
51
(2007).
significant
Where,
procedural
as
Gall v. United States, 552 U.S.
here,
error,
we
there
is
review
no
allegation
the
sentence
of
for
substantive reasonableness, “tak[ing] into account the totality
of the circumstances.”
Id.
If the sentence is within or below
the Guidelines range, we presume on appeal that the sentence is
reasonable.
United States v. Weon, 722 F.3d 583, 590 (4th Cir.
2013).
We
presumption
conclude
of
that
Salter
reasonableness
Guidelines sentence.
has
that
failed
attaches
to
to
rebut
his
the
within-
See United States v. Montes-Pineda, 445
F.3d 375, 379 (4th Cir. 2006).
The district court took into
account all of the factors identified by Salter on appeal and
weighed
factors.
them
The
according
court
to
the
concluded
18
U.S.C.
that
the
§
3553(a)
seriousness
(2012)
of
the
offense conduct, while mitigated by the unique circumstances of
2
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Salter’s
personal
sentence.
the
factors.
Pg: 3 of 3
history,
Salter
determination
§ 3553(a)
Filed: 08/01/2014
has
warranted
not
district
shown
court
Therefore,
his
a
that
within-Guidelines
in
improperly
sentence
is
making
this
weighed
the
substantively
reasonable.
Accordingly, we affirm the district court’s judgment.
We
dispense
with
oral
argument
because
the
facts
and
legal
contentions are adequately presented in the material before this
court and argument will not aid the decisional process.
AFFIRMED
3
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