US v. Altise Bridge
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00359-CCE-1. Copies to all parties and the district court/agency. [999540538]. [14-4386]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4386
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALTISE SHAHEED BRIDGES,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00359-CCE-1)
Submitted:
December 23, 2014
Decided:
March 5, 2015
Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Bettina Kay Roberts, Durham, North Carolina, for Appellant.
Terry Michael Meinecke, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In December 2013, Altise Shaheed Bridges pled guilty
to railroad train robbery, in violation of 18 U.S.C. §§ 1991, 2
(2012).
The
district
court
sentenced
Bridges
to
ninety-two
months’ imprisonment, which was in the middle of his Guidelines
range. *
On appeal, Bridges’ 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
Bridges’
sentence.
Although
advised of his right to do so, Bridges has not filed a pro se
supplemental
brief.
response brief.
We
The
Government
has
declined
to
review
States,
a
For the reasons that follow, we affirm.
Bridges’
sentence
for
reasonableness,
applying “a deferential abuse-of-discretion standard.”
United
file
552
U.S.
38,
41
(2007).
When
Gall v.
reviewing
a
sentence for substantive reasonableness, we examine the totality
of the circumstances and, if the sentence is within the properly
calculated Guidelines range, apply a presumption on appeal that
the
sentence
is
substantively
reasonable.
United
States
Mendoza–Mendoza, 597 F.3d 212, 216–17 (4th Cir. 2010).
*
v.
Such a
Hearing no objection from either party, the district court
adopted the presentence report prepared on Bridges, which
calculated
Bridges’
Guidelines
range
at
84-105
months’
imprisonment.
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presumption is rebutted only if the defendant shows “that the
sentence is unreasonable when measured against the [18 U.S.C.]
§ 3553(a) [(2012)] factors.”
United States v. Montes–Pineda,
445
2006)
F.3d
375,
379
(4th
Cir.
(internal
quotation
marks
omitted).
On appeal, Bridges argues that the totality of the
circumstances present in his case establish that the selected
sentence
is
greater
than
purposes of sentencing.
necessary
to
achieve
the
statutory
But appellate counsel does not identify
those particular circumstances, or the corresponding § 3553(a)
factors, that would have warranted a lower sentence, and our
review
of
the
record
does
not
reveal
a
basis
for
such
a
contention.
Specifically, defense counsel argued for a sentence at
the low end of Bridges’ Guidelines range relying, primarily, on
two
factors:
(1)
Bridges’
difficult
childhood,
which
was
replete with domestic violence, child abuse, and drug abuse; and
(2)
Bridges’
productive
relatively
member
of
young
society
age
after
and
hopes
receiving
drug
counseling, and a GED while in federal custody.
court
fully
concluded
acknowledged
that
this
Bridges’
did
not
troubled
justify
a
of
being
a
treatment,
The district
childhood,
lower
but
sentence,
particularly in light of Bridges’ extensive criminal history.
We
discern
no
abuse
of
discretion
3
in
the
district
court’s
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decision
not
Guidelines
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to
range
impose
and
a
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sentence
conclude
at
that
the
Bridges
low
end
has
of
failed
the
to
overcome the appellate presumption of substantive reasonableness
afforded his within-Guidelines sentence.
See United States v.
Bynum, 604 F.3d 161, 168-69 (4th Cir. 2010).
In accordance with Anders, we have reviewed the entire
record and find no meritorious issues for appeal.
There was no
procedural error in Bridges’ sentencing, and his guilty plea was
knowing, voluntary, and supported by an independent basis in
fact.
Accordingly, we affirm the district court’s judgment.
This
writing,
of
court
his
requires
right
to
counsel
petition
United States for further review.
the
to
inform
Supreme
Bridges,
Court
of
in
the
If Bridges 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 Bridges.
We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid in
the decisional process.
AFFIRMED
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