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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.

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history,

Salter

determination
§ 3553(a)

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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