US v. Juan Martinez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:12-cr-00037-FA-8 Copies to all parties and the district court/agency. [999644000].. [14-4940]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4940

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JUAN CARLOS MARTINEZ,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
David A. Faber,
Senior District Judge. (7:12-cr-00037-FA-8)

Submitted:

August 18, 2015

Decided:

August 20, 2015

Before WILKINSON and KING, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

W.H. Paramore, III, W.H. PARAMORE, III, P.C., Jacksonville,
North Carolina, for Appellant.
Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Martinez

guilty

in

conspiracy

to

PER CURIAM:
Juan

Carlos

written

plea

agreement

robbery,

18

firearms

during

U.S.C.

pled

to

§ 1951

and

in

(2012),

relation

U.S.C. § 924(c)(1)(B)(i) (2012).

to

and
a

accordance
commit
using

crime

Hobbs

and

of

with

a

Act

carrying

violence,

18

He was sentenced to 24 months

for the conspiracy and 120 months, consecutive, for the firearm
offense.

Martinez now appeals.

His attorney has filed a brief

in accordance with Anders v. California, 386 U.S. 738 (1967),
raising

one

issue

but

grounds for appeal.
pro

se

stating

that

there

are

no

meritorious

Martinez was advised of his right to file a

supplemental

brief

but

has

not

filed

such

a

brief.

Finding no error, we affirm.
Our review of the transcript of Martinez’s Fed. R. Crim. P.
11 hearing discloses that the district court fully complied with
the Rule, the guilty plea was knowingly and voluntarily entered,
and there was a factual basis for the plea.

We accordingly

affirm Martinez’s convictions.
We

review

a

sentence

abuse-of-discretion standard.
38, 46, 51 (2007).

for

reasonableness,

applying

an

Gall v. United States, 552 U.S.

This review requires consideration of both

the procedural and substantive reasonableness of the sentence.
Id. at 51.

We first assess whether the district court properly

calculated the advisory Guidelines range, considered the factors
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set forth at 18 U.S.C. § 3553(a) (2006), analyzed any arguments
presented

by

the

parties,

selected sentence.

and

sufficiently

explained

the

Id. at 49-51; see United States v. Lynn, 592

F.3d 572, 575-76 (4th Cir. 2010).

If there is no procedural

error, we review the substantive reasonableness of the sentence,
“examin[ing] the totality of the circumstances to see whether
the sentencing court abused its discretion in concluding that
the

sentence

§ 3553(a).”

.

.

.

satisfied

the

standards

set

forth

in

United States v. Mendoza-Mendoza, 597 F.3d 212, 216

(4th Cir. 2010).
After thorough consideration of the record, including the
presentence investigation report and the sentencing transcript,
we

conclude

that

Martinez’s

substantively reasonable.
the

sentence,

the

court

sentence

is

procedurally

and

With respect to the explanation of
stated

that

it

denied

a

requested

variance because it had granted the Government’s motion for a
departure

based

on

U.S.

Sentencing

Guidelines

Manual

§ 5K1.1

(2014), and did not believe that the circumstances warranted a
lower sentence.
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal.
therefore

affirm

Martinez’s

convictions

and

sentence.

We
This

court requires counsel, in writing, to inform Martinez of the
right to petition the Supreme Court of the United States for
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further review.

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If Martinez requests that a petition be filed,

but counsel believes that such a petition would be frivolous,
then

counsel

representation.

may

move

in

this

court

to

withdraw

from

Counsel’s motion must state that a copy of the

motion was served on Martinez.

We dispense with oral argument

because the facts and legal arguments are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED

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