US v. Leonardo DeMarcus Reed

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:08-cr-00381-TDS-1 Copies to all parties and the district court/agency. [999714121].. [15-4132]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4132

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEONARDO DEMARCUS REED,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:08-cr-00381-TDS-1)

Submitted:

October 20, 2015

Decided:

December 8, 2015

Before SHEDD, DIAZ, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ames C. Chamberlin, LAW OFFICES OF AMES C. CHAMBERLIN,
Greensboro, North Carolina, for Appellant.
Graham Tod Green,
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Unpublished opinions are not binding precedent in this circuit.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:
Leonardo Demarcus Reed pled guilty in September 2004 to
possession with intent to distribute an unspecified quantity of
heroin, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) (2012)
(Count 1), and possession of a firearm during or in relation to
a drug trafficking offense, in violation of 18 U.S.C. § 924(c)
(2012)

(Count

2).

The

district

court

sentenced

Reed

to

21

months’ imprisonment on Count 1, to be followed by 120 months on
Count 2, and a 10-year term of supervised release.

The district

court later lowered Reed’s sentence to 56 months.
Reed completed his term of incarceration and began to serve
his supervised release.
supervised

release,

he

After Reed violated the terms of his
was

sentenced

to

seven

months’

imprisonment on Count 1, to be followed by eight months on Count
2.

The

district

supervised release:

court

also

imposed

a

second

period

of

113 months for Count 1 and 112 months for

Count 2, to run concurrently.
Reed completed his custodial sentence and began his second
term of supervised release, after which Reed again violated the
terms of his supervised release.
alleged
petition.

in

the

revocation

The

district

Reed admitted the violations

petition
court

and

amended

consequently

revocation

revoked

Reed’s

supervised release and sentenced him to an aggregate term of 69
months’ imprisonment, consisting of 17 months on Count 1 and 52
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months on Count 2, to be served consecutively.

Reed now appeals

the revocation judgment.
Counsel has filed a brief pursuant to Anders v. California,
386

U.S.

738

(1967),

stating

that

there

are

no

meritorious

grounds for appeal but questioning whether the district court
erred

in

declining

to

impose

a

sentence

within

the

policy

statement range computed at sentencing (37 to 46 months) or to
run

the

revocation

particularly

framed

sentences
as

concurrently.

such,

we

view

Although

this

argument

not
as

a

challenge to the substantive reasonableness of the revocation
sentence.
in

Because the district court did not commit any error

selecting

the

aggregate

69-month

revocation

sentence,

we

affirm the revocation judgment.
“A

district

court

has

broad

discretion

when

sentence upon revocation of supervised release.”
v.

Webb,

738

F.3d

638,

640

(4th

Cir.

imposing

a

United States

2013).

A

revocation

sentence that is both within the applicable statutory maximum
and

not

“plainly

unreasonable”

will

be

affirmed

on

appeal.

United States v. Padgett, 788 F.3d 370, 373 (4th Cir. 2015).
so

evaluating

reasonableness,
considerations”
sentence.

a

sentence,

utilizing
employed

this

“the
in

court

procedural

evaluating

an

assesses
and

it

In
for

substantive

original

criminal

United States v. Crudup, 461 F.3d 433, 438 (4th Cir.

2006).
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revocation

sentence

district

court

has

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is

procedurally

considered

both

reasonable

the

policy

if

the

statements

contained in Chapter Seven of the Sentencing Guidelines and the
18

U.S.C.

§ 3553(a)

§ 3583(e) (2012).

(2012)

factors

Id. at 439.

enumerated

in

18

U.S.C.

The district court must also

provide an explanation for its chosen sentence, although this
explanation “need not be as detailed or specific” as is required
for an original sentence.

United States v. Thompson, 595 F.3d

544, 547 (4th Cir. 2010).
A revocation sentence is substantively reasonable if the
district court states a proper basis for concluding that the
defendant should receive the sentence imposed.
at 440.

Crudup, 461 F.3d

Only if it finds a sentence to be procedurally or

substantively

unreasonable

sentence is “plainly” so.
Applying

these

will

we

whether

the

Id. at 439.

principles,

substantive

reasonableness

sentencing

Reed,

the

determine

of

Reed’s

his

district

challenge

sentence

court

to

fails.

Prior

offered

an

the
to

extensive

explanation for the sentence in terms of the sentencing factors
it

deemed

to

particularized
district

be

response

court’s

consideration

the

of

most
to

defense

sentencing
Reed’s

relevant

this

counsel’s

comments

individual

in

case

and

arguments.

reveal

circumstances,

the

a
The

court’s

namely,

his

history and characteristics and the nature and circumstances of
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his violative behavior.
§ 3583(e).

The

court

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18 U.S.C. § 3553(a)(1); see 18 U.S.C.
clearly

expressed

its

view

that

the

selected sentence was necessary to deter Reed from continuing to
sell and use drugs and to protect the public from any further
crimes he may commit.

18 U.S.C. § 3553(a)(2)(B)-(C).

Imposition of the statutory maximum terms of imprisonment,
less the terms of imprisonment Reed served in fulfilling the
prior

revocation

judgment,

reflected

the

court’s

serious

response to Reed’s chronic recidivism and refusal to conduct
himself
multiple

in

accordance

opportunities

with
to

the
do

law,

so.

despite
Because

having
the

received

court

amply

justified the selected sentence, which was within the statutory
maximum, we discern no substantive unreasonableness, plain or
otherwise, in this sentence.
Finally, we conclude that, pursuant to our long-established
precedent, the district court did not abuse its discretion by
imposing consecutive terms of imprisonment.

Where a defendant

is sentenced to multiple terms of imprisonment at the same time,
the district court may order that the sentences on revocation of
supervised release run concurrently or consecutively.

18 U.S.C.

§ 3584(a) (2012); see United States v. Johnson, 138 F.3d 115,
118-19 (4th Cir. 1998) (“[W]e hold that the district court had
the authority to impose consecutive sentences upon [defendant]
when it revoked his supervised release.”).
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The court once again

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cited Reed’s serious and repeated recidivism as the reason to
decline defense counsel’s request for concurrent sentences, and
we cannot say that doing so was substantively unreasonable.
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious grounds for appeal.
therefore affirm the district court’s revocation judgment.
court

requires

that

counsel

inform

Reed,

in

writing,

of

We
This
his

right to petition the Supreme Court of the United States for
further review.

If Reed requests that a petition be filed, but

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

may

move

representation.

in

and

materials

legal
before

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Reed.
facts

this

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

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