US v. Juan Guerrero

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cr-00237-D-1 Copies to all parties and the district court/agency. [999736475].. [15-4292]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4292

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

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:14-cr-00237-D-1)

Submitted:

December 10, 2015

Decided:

January 15, 2016

Before DUNCAN, FLOYD, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Thomas G. Walker, United States Attorney, Jennifer P.
May-Parker,
Kristine
L.
Fritz,
Assistant
United
States
Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Juan

Guerrero

prohibited

was

object

in

§ 1791(a)(2) (2012).

convicted
prison,

court

in

knowingly

violation

possessing
of

18

a

U.S.C.

The district court sentenced Guerrero to

24 months of imprisonment.
district

of

imposed

a

On appeal, Guerrero argues that the
substantively

unreasonable

sentence.

We affirm.
We review for abuse of discretion Guerrero’s claim that the
district court imposed an unreasonable sentence.
United States, 552 U.S. 38, 51 (2007).

See Gall v.

More specifically, we

examine the “totality of the circumstances” in considering the
substantive reasonableness of a sentence.

Gall, 552 U.S. at 51.

The sentence imposed must be “sufficient, but not greater than
necessary,” to satisfy the purposes of sentencing.
§ 3553(a).

On

reasonableness

appeal,
to

a

this

court

applies

within-Guidelines-range

a

18 U.S.C.

presumption

sentence.

States v. Helton, 782 F.3d 148, 151 (4th Cir. 2015).

of

United
“Such a

presumption can only be rebutted by showing that the sentence is
unreasonable

when

measured

against

the

§

3553(a)

factors.”

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

reviewing

the

record,

we

sentence was substantively reasonable.
bottom of his Guidelines range.
2

conclude

that

Guerrero’s

His sentence fell at the

The district court properly

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weighed

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the

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seriousness

of

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the

offense,

Guerrero’s

criminal

history, the time spent in segregation and lost good time credit
due

to

the

offense,

characteristics.

and

his

positive

personal

history

and

In sum, Guerrero has not rebutted the presumed

substantive reasonableness of the sentence.
We therefore affirm the judgment.

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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