Filed: Feb. 18, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4250 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY MURPHY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge (3:05-cr-00275-REP-1) Submitted: February 4, 2009 Decided: February 18, 2009 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, F
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4250 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY MURPHY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge (3:05-cr-00275-REP-1) Submitted: February 4, 2009 Decided: February 18, 2009 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Fe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4250
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY MURPHY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge (3:05-cr-00275-REP-1)
Submitted: February 4, 2009 Decided: February 18, 2009
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Federal Public Defender, Frances H.
Pratt, Carolyn V. Grady, Assistant Federal Public Defenders,
Richmond, Virginia, for Appellant. Chuck Rosenberg, United
States Attorney, Angela Mastandrea-Miller, Assistant United
States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Murphy appeals the twenty-four month sentence
imposed upon the revocation of his supervised release. On
appeal, counsel asserts that the sentence is plainly
unreasonable because the district court failed to consider the
advisory sentencing guidelines range or the 18 U.S.C. § 3553(a)
(2006) sentencing factors. Finding no reversible error, we
affirm.
Our review of the record leads us to conclude that the
district court sufficiently considered the advisory sentencing
guideline range of eight to fourteen months and the statutory
sentencing factors in imposing a sentence within the statutory
maximum set forth in 18 U.S.C. § 3583(e)(3). We therefore find
that the sentence imposed upon revocation of supervised release
is not plainly unreasonable. See United States v. Crudup,
461
F.3d 433, 439-40 (4th Cir. 2006) (providing standard).
Accordingly, we affirm the district court’s judgment. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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