US v. Cynthia Lemon
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cr-00760-JMC-4 Copies to all parties and the district court/agency. .. [15-4507]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. J. Michelle Childs, District Judge.
July 21, 2016
July 25, 2016
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Affirmed and remanded by unpublished per curiam opinion.
John E. Duncan, Lexington, South Carolina, for Appellant. John C.
Potterfield, Assistant United States Attorney, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Cynthia Lemon pled guilty, pursuant to a plea agreement, to
conspiracy to commit bank and wire fraud, in violation of 18 U.S.C.
§ 1349 (2012).
The district court sentenced Lemon to 57 months’
meritorious grounds for appeal but questioning whether Lemon’s
sentence is reasonable.
Lemon was advised of her right to file a
supplemental brief, but she has not done so.
reasonableness under a deferential abuse of discretion standard.
Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Berry, 814 F.3d 192, 194-95 (4th Cir. 2016).
whether a sentence is procedurally reasonable, we consider whether
the district court properly calculated the defendant’s advisory
Sentencing Guidelines range, gave the parties an opportunity to
§ 3553(a) (2012) factors, selected a sentence based on facts that
determining that a sentence is procedurally reasonable will we
consider its substantive reasonableness, “tak[ing] into account
the totality of the circumstances.”
Id. at 51.
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that is within or below a properly calculated Guidelines range is
presumptively [substantively] reasonable.
Such a presumption can
only be rebutted by showing that the sentence is unreasonable when
States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014) (citation
procedural sentencing errors, and we conclude that Lemon has not
rebutted the presumption that her within-Guidelines sentence is
Anders, we have reviewed the remainder of the record in this case
and have found no meritorious grounds for appeal.
affirm the district court’s judgment.
We note, however, that the order of forfeiture is inaccurate.
The restitution amount ordered at sentencing was $40,813.09, but
According to the court’s findings at sentencing, the restitution
amount is correct, and we therefore remand for correction of the
This court requires that counsel inform Lemon, in writing, of
her right to petition the Supreme Court of the United States for
If Lemon requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
Counsel’s motion must state that a copy thereof
was served on Lemon.
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We dispense with oral argument because the
AFFIRMED AND REMANDED
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