US v. Jose Perez
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00256-JAB-1 Copies to all parties and the district court/agency. .. [15-4772]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JOSE ALBERTO PEREZ,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:11-cr-00256-JAB-1)
June 23, 2016
June 28, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Randall S. Galyon, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Jose Alberto Perez appeals his 24-month sentence imposed
upon revocation of his supervised release.
On appeal, Perez
asserts that his sentence is plainly unreasonable because it is
longer than necessary to achieve the goals of sentencing.
sentence upon revocation of supervised release.”
v. Webb, 738 F.3d 638, 640 (4th Cir. 2013).
We will affirm a
sentence if it is within the applicable statutory maximum and
not plainly unreasonable.
United States v. Padgett, 788 F.3d
370, 373 (4th Cir.), cert. denied, 136 S. Ct. 494 (2015).
if a revocation sentence is unreasonable must we assess whether
it is plainly so.”
Perez raises no procedural challenge to his sentence.
revocation sentence is substantively reasonable if the district
court states a proper basis for concluding that the defendant
United States v. Crudup, 461 F.3d 433, 440 (4th Cir.
Here, when considering the applicable sentencing factors
supervision by failing to alert his probation officer to his
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See 18 U.S.C. §§ 3553(a)(1), 3583(e) (2012).
therefore, not plainly so.
Accordingly, we affirm the district court’s judgment.
this court and argument would not aid the decisional process.
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