US v. Terrence Washington

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00148-NCT-1 Copies to all parties and the district court/agency. [999587667].. [14-4930]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4930

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TERRENCE O’BRIEN WASHINGTON,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:14-cr-00148-NCT-1)

Submitted:

May 19, 2015

Decided: May 21, 2015

Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
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Unpublished opinions are not binding precedent in this circuit.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:
Terrence O’Brien Washington pleaded guilty to one count of
possession of a firearm by a convicted felon and was sentenced
to 41 months of imprisonment.

Counsel has filed an Anders v.

California, 386 U.S. 738 (1967) brief, finding no meritorious
issues, but questioning whether the sentence is substantively
reasonable.

Finding no error, we affirm.

This court reviews a sentence for reasonableness, applying
an abuse of discretion standard.
U.S. 38, 51 (2007).

Gall v. United States, 552

We first review for significant procedural

errors, including whether the district court failed to calculate
or

improperly

calculated

the

Sentencing

Guidelines

range,

treated the Guidelines as mandatory, failed to consider the 18
U.S.C. § 3553(a) (2012) factors, or failed to adequately explain
its chosen sentence.
reasonable,

we

Id.

then

If we find the sentence procedurally
examine

substantive

reasonableness,

considering the totality of the circumstances.

Id.

If the

sentence is within the Guidelines range, this court applies a
presumption

of

reasonableness.

United

States

v.

greater

than

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

contends

that

his

sentence

is

necessary to accomplish the goals of 18 U.S.C. § 3553(a).
find

that

Washington’s

sentence

is

substantively

We

reasonable.

The district court meaningfully responded to defense counsel’s
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arguments for a sentence in the middle of the Guidelines range,
and

explained

its

chosen

sentence.

Furthermore,

Washington

presents no evidence to rebut the presumption of reasonableness
applicable to his within-Guidelines sentence.
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal.
therefore

affirm

Washington’s

conviction

and

sentence.

We
This

court requires that counsel inform Washington, in writing, of
the right to petition the Supreme Court of the United States for
further
filed,

review.
but

If

counsel

Washington
believes

requests

that

such

that
a

a

petition

petition

would

be
be

frivolous, then counsel may move in this court for leave to
withdraw from representation.

Counsel’s motion must state that

a copy thereof was served on Washington.
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 the decisional process.

AFFIRMED

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