Filed: Aug. 06, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4872 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TREYVON CORTEZ CAREY, a/k/a Treyvon Carey, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Peter J. Messitte, Senior District Judge. (1:11-cr-00279-PJM-1) Submitted: July 25, 2013 Decided: August 6, 2013 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James Wyda
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4872 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TREYVON CORTEZ CAREY, a/k/a Treyvon Carey, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Peter J. Messitte, Senior District Judge. (1:11-cr-00279-PJM-1) Submitted: July 25, 2013 Decided: August 6, 2013 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James Wyda,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4872
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREYVON CORTEZ CAREY, a/k/a Treyvon Carey,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Peter J. Messitte, Senior District
Judge. (1:11-cr-00279-PJM-1)
Submitted: July 25, 2013 Decided: August 6, 2013
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Joanna Silver, Appellate
Attorney, Baltimore, Maryland, for Appellant. Rod J.
Rosenstein, United States Attorney, Baltimore, Maryland, Hollis
Raphael Weisman, Assistant United States Attorney, Greenbelt,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Treyvon Cortez Carey was sentenced to 180 months’
imprisonment after pleading guilty to one count of robbery, in
violation of 18 U.S.C. § 2111 (2006), and one count of escape,
in violation of 18 U.S.C. §§ 7, 13 (2006) and Md. Code Ann.,
Crim. Law § 9-404 (West 2013). He appeals, contending his
sentence is substantively unreasonable. Finding no error, we
affirm.
This court reviews a sentence for reasonableness,
applying an abuse of discretion standard. Gall v. United
States,
552 U.S. 38, 51 (2007). In reviewing a sentence for
reasonableness, we first consider whether the district court
committed significant procedural error, and in the absence of
such error, we next consider whether the sentence is
substantively reasonable.
Id. Substantive reasonableness is
determined by considering the totality of the circumstances, and
if the sentence is within the Guidelines range, this court
applies a presumption of reasonableness. United States v.
Strieper,
666 F.3d 288, 295 (4th Cir. 2012).
We conclude that Carey’s sentence is without
procedural error and is substantively reasonable. The within-
Guidelines sentence is both presumptively reasonable, and
supported by the totality of the circumstances, including
Carey’s history and characteristics, the nature of his offenses,
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and the needs to protect the public and provide adequate
deterrence. 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 this court and argument would not aid the decisional
process.
AFFIRMED
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