Filed: Jun. 02, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4558 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENTRAL DONVRUS CHESTNUT, a/k/a Trell, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:12-cr-00576-TLW-5) Submitted: May 28, 2014 Decided: June 2, 2014 Before MOTZ, GREGORY, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tristan M. Shaff
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4558 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENTRAL DONVRUS CHESTNUT, a/k/a Trell, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:12-cr-00576-TLW-5) Submitted: May 28, 2014 Decided: June 2, 2014 Before MOTZ, GREGORY, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tristan M. Shaffe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4558
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENTRAL DONVRUS CHESTNUT, a/k/a Trell,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Judge. (4:12-cr-00576-TLW-5)
Submitted: May 28, 2014 Decided: June 2, 2014
Before MOTZ, GREGORY, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tristan M. Shaffer, TRISTAN SHAFFER, ATTORNEY AT LAW, Chapin,
South Carolina, for Appellant. Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kentral Donvrus Chestnut appeals his 192-month
sentence imposed after he pled guilty pursuant to a plea
agreement to one count of conspiracy to distribute cocaine and
cocaine base, in violation of 21 U.S.C. § 846 (2012). Counsel
filed a brief pursuant to Anders v. California,
386 U.S. 738
(1967), asserting that Chestnut’s sentence is procedurally
unreasonable because the district court erred in finding that
Chestnut’s family responsibilities and the abuse he endured as a
child were not bases for a downward variance. The Government
has declined to file a responsive brief and Chestnut has not
filed a pro se supplemental brief, despite receiving notice of
his right to do so. Finding no error, we affirm.
We review sentences for reasonableness “under a
deferential abuse-of-discretion standard.” Gall v. United
States,
552 U.S. 38, 41 (2007). We must evaluate both the
procedural and substantive reasonableness of the sentence.
Id.
at 51. In evaluating procedural reasonableness, we consider
whether the district court properly calculated the defendant’s
advisory Guidelines range, gave the parties an opportunity to
argue for an appropriate sentence, considered the 18 U.S.C.
§ 3553(a) factors, and sufficiently explained the selected
sentence.
Id. at 49–51. If the sentence is free of significant
procedural error, we review it for substantive reasonableness,
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“tak[ing] into account the totality of the circumstances.”
Id.
at 51.
When rendering a sentence, the district court must
“make an individualized assessment based on the facts
presented.”
Id. at 50. After choosing a sentence, the court
must “adequately explain the chosen sentence to allow for
meaningful appellate review and to promote the perception of
fair sentencing.”
Id.
The district court in this case granted the
Government’s motion for a downward departure based on Chestnut’s
substantial assistance, resulting in a significant reduction in
Chestnut’s Guidelines range. At sentencing, Chestnut argued
that he warranted an additional downward variance below this
reduced Guidelines range on the basis of his significant family
responsibilities and the abuse he endured as a child. The
district court listened to these arguments for a downward
variance, but nonetheless found that Chestnut “engaged in very
serious conduct” and was a significant drug dealer with a
substantial criminal history. The court further reasoned that
the crime to which Chestnut pled guilty was serious, that he
failed to show respect for the law in the past, and there was a
need to deter him from committing future crimes. Balancing
these factors against Chestnut’s arguments for a variance, the
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district court concluded that Chestnut provided no reason to
vary from the already significantly reduced Guidelines range.
We conclude that the district court adequately
explained the sentence and its reasons for rejecting counsel’s
argument for a downward variance. Moreover, the reasons given
by the district court fully justified the sentence imposed. Cf.
United States v. Pauley,
511 F.3d 468, 474-75 (4th Cir. 2007)
(affirming defendant’s downward variance sentence where district
court explained the sentence by referring to the § 3553(a)
factors).
We have examined the entire record in accordance with
our obligations under Anders and have found no other meritorious
issues for appeal. Accordingly, we affirm the district court’s
judgment.
We ask counsel to inform Chestnut, in writing, of the
right to petition the Supreme Court of the United States for
further review. If Chestnut 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 Chestnut. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
AFFIRMED
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