US v. Enzo Blank

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00512-ELH-2 Copies to all parties and the district court/agency. [999705841].. [15-4155]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4155

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ENZO BLANKS, a/k/a Zo,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Ellen L. Hollander, District Judge.
(1:13-cr-00512-ELH-2)

Submitted:

October 28, 2015

Decided:

November 24, 2015

Before SHEDD, DUNCAN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Barbara
E.
Kittay,
Rockville,
Maryland,
for
Appellant.
Christopher John Romano, Assistant United States Attorney,
Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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pled

pursuant

PER CURIAM:
Enzo

Blanks

guilty,

to

a

written

plea

agreement, to conspiracy to distribute and possess with intent
to distribute heroin, in violation of 21 U.S.C. § 846 (2012).
Blanks

and

the

Government

negotiated

a

Fed.

R.

Crim.

P.

11(c)(1)(C) agreement, stipulating that the parties agreed to
imposition

of

the

accordance

with

mandatory

Anders

v.

minimum

120-month

California,

386

sentence.

U.S.

738

In

(1967),

Blanks’ counsel has filed a brief certifying that there are no
meritorious

grounds

for

appeal

but

questioning

whether

the

district court procedurally erred in imposing Blanks’ sentence.
Although notified of his right to do so, Blanks has not filed a
pro

se

supplemental

brief.

We

affirm

the

district

court’s

judgment.
We

review

a

defendant’s

abuse-of-discretion standard.”
38, 41 (2007).

sentence

“under

a

deferential

Gall v. United States, 552 U.S.

Under this standard, a sentence is reviewed for

both procedural and substantive reasonableness.

Id. at 51.

In

determining procedural reasonableness, we consider whether the
district

court

properly

calculated

the

defendant’s

advisory

Sentencing Guidelines range, gave the parties an opportunity to
argue

for

§ 3553(a)

an

appropriate

(2012)

selected sentence.

factors,

sentence,
and

sufficiently

552 U.S. at 49-51.
2

considered

the

18

U.S.C.

explained

the

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If a sentence is free of “significant procedural error,” we
then review it for substantive reasonableness, “tak[ing] into
account the totality of the circumstances.”

Id. at 51.

“Any

sentence that is within . . . a properly calculated Guidelines
range is presumptively reasonable.”

United States v. Louthian,

756 F.3d 295, 306 (4th Cir.), cert. denied, 135 S. Ct. 421
(2014).

“Such a presumption can only be rebutted by showing

that

sentence

the

is

unreasonable

. . . § 3553(a) factors.”
We

review

the

when

measured

against

the

Id.

district

court’s

drug-quantity

calculation

and the application of a leadership enhancement for clear error.
United States v. Cabrera-Beltran, 660 F.3d 742, 756 (4th Cir.
2011).

The

district

court

heard

parties to argue their cases.
conclude

that

erroneous.

the

district

and

allowed

the

We have reviewed the record and

court’s

findings

are

not

clearly

Our review of the record further shows no other

procedural or substantive error.
minimum

evidence

sentence

reasonable.

the

Additionally, the mandatory

district

court

imposed

is

per

se

United States v. Farrior, 535 F.3d 210, 224 (4th

Cir. 2008).
In

accordance

with

Anders,

we

have

reviewed

the

entire

record in this case and have found no meritorious grounds for
appeal.

We

therefore

affirm

the

district

court’s

judgment.

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

If Blanks requests that a petition be filed,

but counsel believes that such a petition would 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 Blanks.
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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