Filed: May 02, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4843 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRACI LYNN MCLEAN, a/k/a Fat Tracy, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:06-cr-00086-IMK-JSK-1) Submitted: April 24, 2014 Decided: May 2, 2014 Before KING and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4843 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRACI LYNN MCLEAN, a/k/a Fat Tracy, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:06-cr-00086-IMK-JSK-1) Submitted: April 24, 2014 Decided: May 2, 2014 Before KING and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4843
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TRACI LYNN MCLEAN, a/k/a Fat Tracy,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley,
District Judge. (1:06-cr-00086-IMK-JSK-1)
Submitted: April 24, 2014 Decided: May 2, 2014
Before KING and AGEE, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
L. Richard Walker, Senior Litigator, Kristen Leddy, Research &
Writing Specialist, FEDERAL PUBLIC DEFENDER OFFICE, Clarksburg,
West Virginia, for Appellant. Shawn Angus Morgan, Assistant
United States Attorney, Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Traci Lynn McLean appeals the district court’s
judgment entered after the court revoked supervised release and
sentenced McLean to four months’ imprisonment and sixty-eight
months’ supervised release. McLean’s counsel filed a brief in
accordance with Anders v. California,
386 U.S. 738 (1967),
asserting that there are no meritorious issues for review, but
questioning whether the sixty-eight month term of supervised
release was plainly unreasonable. McLean was notified of the
opportunity to file a pro se supplemental brief, but chose not
to do so. The Government did not file a brief. We affirm.
This court reviews a district court’s judgment
revoking supervised release and imposing a term of imprisonment
for abuse of discretion. United States v. Pregent,
190 F.3d
279, 282 (4th Cir. 1999). A sentence imposed after revocation
of supervised release should be affirmed if it is within the
applicable statutory maximum and is not plainly unreasonable.
United States v. Crudup,
461 F.3d 433, 439-40 (4th Cir. 2006).
In making this determination, the court first considers whether
the sentence imposed is procedurally or substantively
unreasonable.
Id. at 438. “This initial inquiry takes a more
deferential appellate posture concerning issues of fact and the
exercise of discretion than reasonableness review for guidelines
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sentences.” United States v. Moulden,
478 F.3d 652, 656 (4th
Cir. 2007) (internal quotation marks omitted).
A sentence imposed upon revocation of release is
procedurally reasonable if the district court considered the
Chapter Seven policy statements and the applicable § 3553
factors, see 18 U.S.C. § 3583(e) (2012);
Crudup, 461 F.3d at
438-40, and adequately explained the sentence imposed, United
States v. Thompson,
595 F.3d 544, 547 (4th Cir. 2010). A
sentence imposed upon revocation of release is substantively
reasonable if the district court stated a proper basis for
concluding that the defendant should receive the sentence
imposed, within the statutory maximum.
Crudup, 461 F.3d at 440.
The court should affirm if the sentence is not unreasonable.
Id. at 439. Only if a sentence is found procedurally or
substantively unreasonable will the court “decide whether the
sentence is plainly unreasonable.”
Id. “[T]he court ultimately
has broad discretion to revoke its previous sentence and impose
a term of imprisonment up to the statutory maximum.”
Id.
(internal quotation marks omitted).
We have reviewed the record and the district court’s
reasons for ordering the sentence at issue and conclude that it
was not plainly unreasonable. We note that the court considered
appropriate factors before ordering the sentence at issue.
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In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm McLean’s sentence. This court requires that
counsel inform McLean, in writing, of the right to petition the
Supreme Court of the United States for further review. If
McLean 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 representation.
Counsel’s motion must state that a copy thereof was served on
McLean.
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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