Filed: Jan. 15, 2014
Latest Update: Mar. 02, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 12-3119 _ UNITED STATES OF AMERICA v. CAMERON L. JACKSON, Appellant _ On Appeal from the United States District Court for the Middle District of Pennsylvania District Court No. 3-11-cr-00211-001 District Judge: The Honorable Edwin M. Kosik Submitted Pursuant to Third Circuit L.A.R. 34.1(a) January 6, 2014 Before: SMITH, SHWARTZ and SCIRICA, Circuit Judges (Filed: January 15, 2014) _ OPINION _ SMITH, Circuit Judge. Camero
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 12-3119 _ UNITED STATES OF AMERICA v. CAMERON L. JACKSON, Appellant _ On Appeal from the United States District Court for the Middle District of Pennsylvania District Court No. 3-11-cr-00211-001 District Judge: The Honorable Edwin M. Kosik Submitted Pursuant to Third Circuit L.A.R. 34.1(a) January 6, 2014 Before: SMITH, SHWARTZ and SCIRICA, Circuit Judges (Filed: January 15, 2014) _ OPINION _ SMITH, Circuit Judge. Cameron..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 12-3119
_____________
UNITED STATES OF AMERICA
v.
CAMERON L. JACKSON,
Appellant
_____________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
District Court No. 3-11-cr-00211-001
District Judge: The Honorable Edwin M. Kosik
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
January 6, 2014
Before: SMITH, SHWARTZ and SCIRICA, Circuit Judges
(Filed: January 15, 2014)
_____________________
OPINION
_____________________
SMITH, Circuit Judge.
Cameron Jackson pleaded guilty in the United States District Court for the
Middle District of Pennsylvania to a one count indictment charging him with
possession of cocaine base with intent to distribute in violation of 21 U.S.C.
§ 841(a)(1). The presentence report determined that Jackson was a career offender
under U.S.S.G. § 4B1.1. As a result, the offense level and criminal history
category were enhanced to 29 and VI, respectively, yielding a guideline range of
151 to 188 months. Although Jackson initially challenged the career offender
assessment, his counsel subsequently conceded at the sentencing hearing that the
determination was consistent with this court’s decision in United States v. Stinson,
592 F.3d 460 (3d Cir. 2010). The District Court rejected Jackson’s argument that
the guideline range of 151 to 188 months overrepresented the seriousness of his
criminal history. After hearing defense counsel’s argument for a downward
variance and Jackson’s allocution, the District Court concluded that there was no
basis for a downward variance from the advisory guideline range and sentenced
Jackson to, inter alia, 151 months of imprisonment. This timely appeal followed.1
Jackson contends that his sentence is procedurally unreasonable. In his
view, the District Court erred by failing to properly calculate the sentencing
guideline range and by failing to meaningfully consider the sentencing factors set
forth in 18 U.S.C. § 3553(a). We review a sentence for procedural reasonableness,
applying an abuse of discretion standard to both inquiries. United States v. Tomko,
562 F.3d 558, 567 (3d Cir. 2009) (en banc). “[I]f the district court’s sentence is
procedurally sound, we will affirm it unless no reasonable sentencing court would
1
The District Court exercised jurisdiction under 18 U.S.C. § 3231. We exercise
2
have imposed the same sentence on that particular defendant for the reasons the
district court provided.”
Id. at 568.
We reject Jackson’s contention that the District Court failed to properly
calculate the sentencing guideline range. The applicability of the career offender
enhancement was a central issue and the determination that the enhancement
applied established the sentencing range. Neither party questioned the range.
Indeed, Jackson’s argument does not identify any specific miscalculation of the
guideline range.
Nor are we persuaded that the District Court failed to meaningfully consider
the sentencing factors in 18 U.S.C. § 3553(a). The Court’s explanation for
rejecting Jackson’s argument that his criminal history overrepresented the
seriousness of his criminal history and for denying a downward variance addressed
several of the § 3553(a) sentencing factors. In our view, the record demonstrates
that the District Court fully considered the factors bearing on Jackson’s sentence.
Accordingly, we will affirm the judgment of the District Court.
appellate jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).
3