US v. Joseph Jacob
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cr-00667-JFA-18 Copies to all parties and the district court/agency. .. [15-4593]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JOSEPH DEE JACOBS, a/k/a Weezo,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Joseph F. Anderson, Jr., Senior
District Judge. (3:14-cr-00667-JFA-18)
July 28, 2016
Before MOTZ and
August 1, 2016
Affirmed by unpublished per curiam opinion.
Jessica Salvini, SALVINI & BENNETT, LLC, Greenville, South
Carolina, for Appellant.
John David Rowell, Assistant United
States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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distribute and possess with intent to distribute a quantity of
cocaine, in violation of 21 U.S.C. § 846 (2012).
Government breached the plea agreement in declining to move for
a downward departure and whether the district court imposed an
Jacobs was notified of his right to file
a pro se supplemental brief but has not done so.
has declined to file a response brief.
For the reasons that
follow, we affirm.
obligations under the plea agreement by failing to move for a
Jacobs did not raise this argument in the district court, we
review the issue for plain error.
Puckett v. United States, 556
U.S. 129, 133-34 (2009); see Henderson v. United States, __ U.S.
__, 133 S. Ct. 1121, 1126-27 (2013) (describing standard).
preponderance of the evidence that the Government breached the
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United States v. Conner, 930 F.2d 1073, 1076
(4th Cir. 1991).
The plain language of Jacobs’ plea agreement obligated the
Government to move for a downward departure only if it deemed
investigation or prosecution of another person.
counsel candidly admitted at sentencing that Jacobs’ cooperation
had not arisen to the level of substantial assistance, and the
breach of the plea agreement.
Jacobs’ counsel also questions whether the district court
imposed an unreasonable sentence.
We review Jacobs’ sentence
for reasonableness, applying “a deferential abuse-of-discretion
Gall v. United States, 552 U.S. 38, 46 (2007).
first ensure that the court “committed no significant procedural
United States v. Lynn, 592 F.3d 572, 575 (4th
Cir. 2010) (internal quotation marks omitted).
If we find the
sentence procedurally reasonable, we also review its substantive
reasonableness under “the totality of the circumstances.”
United States v. Louthian, 756 F.3d
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Jacobs bears the burden to rebut this presumption “by showing
that the sentence is unreasonable when measured against the 18
U.S.C. § 3553(a) factors.”
Our review of the record indicates that Jacobs’ sentence is
Sentencing Guidelines range, considered the parties’ sentencing
arguments, and provided a reasoned explanation for the sentence
The court specifically considered Jacobs’ request for a downward
departure or variance but reasonably declined to sentence him
below the Guidelines range, concluding that such a reduction was
offense—including the substantial benefit Jacobs had received by
unwarranted sentencing disparities.
See 18 U.S.C. § 3553(a)(1),
record in this case and have found no meritorious issues for
This court requires that counsel inform Jacobs, in writing, of
the right to petition the Supreme Court of the United States for
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If Jacobs 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
Counsel’s motion must state that a copy thereof
was served on Jacobs.
We dispense with oral argument because the facts and legal
this court and argument would not aid the decisional process.
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