Filed: May 01, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4792 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DARYL STEVEN CARR, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (2:06-cr-00014-FL-1) Submitted: April 29, 2015 Decided: May 1, 2015 Before WILKINSON, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard Croutharmel, Raleigh,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4792 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DARYL STEVEN CARR, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (2:06-cr-00014-FL-1) Submitted: April 29, 2015 Decided: May 1, 2015 Before WILKINSON, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard Croutharmel, Raleigh, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4792
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DARYL STEVEN CARR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (2:06-cr-00014-FL-1)
Submitted: April 29, 2015 Decided: May 1, 2015
Before WILKINSON, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Richard Croutharmel, Raleigh, North Carolina, for Appellant.
Jennifer P. May-Parker, Assistant United States Attorney,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daryl Steven Carr appeals from his conviction and 192-month
sentence imposed pursuant to his guilty plea to two counts of
possessing a stolen firearm. On appeal, counsel has filed a
brief pursuant to Anders v. California,
386 U.S. 738 (1967),
stating that he has found no meritorious grounds for appeal but
suggesting examination of Carr’s Fed. R. Crim. P. 11 hearing and
the reasonableness of his sentence. Although advised of his
right to do so, Carr has not filed a supplemental pro se brief.
The government has also declined to file a brief. After
thoroughly reviewing the record, we affirm.
Prior to accepting a guilty plea, the trial court must
conduct a plea colloquy in which it informs the defendant of,
and determines that the defendant understands, the nature of the
charge to which he is pleading guilty, any mandatory minimum
penalty, the maximum possible penalty he faces, and the various
rights he is relinquishing by pleading guilty. Fed. R. Crim. P.
11(b)(1); United States v. DeFusco,
949 F.2d 114, 116 (4th Cir.
1991). The district court also must ensure that the defendant’s
plea is voluntary, was supported by a sufficient factual basis,
and did not result from force, threats, or promises not
contained in the plea agreement. Fed. R. Crim. P. 11(b)(2),
(3);
DeFusco, 949 F.2d at 119-20.
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Because Carr did not move to withdraw his guilty plea in
the district court or otherwise preserve any allegation of Rule
11 error, the plea colloquy is reviewed for plain error. United
States v. General,
278 F.3d 389, 393 (4th Cir. 2002). Our
review of the record reveals that the magistrate judge
substantially complied with Rule 11 in accepting Carr’s guilty
plea during a thorough hearing. Accordingly, we find that his
plea was knowing and voluntary.
We next review Carr’s sentence for reasonableness, applying
a deferential abuse of discretion standard. Gall v. United
States,
552 U.S. 38, 46 (2007). We first ensure that the
district court committed no “‘significant procedural error,’”
including improper calculation of the Guidelines range,
insufficient consideration of the 18 U.S.C. § 3553(a) (2012)
factors, or inadequate explanation of the sentence imposed.
United States v. Lynn,
592 F.3d 572, 575 (4th Cir. 2010)
(quoting
Gall, 552 U.S. at 51). During the district court’s
explanation of a selected sentence, while it must consider the
statutory factors and explain the sentence, it need not
“robotically tick” through every § 3353(a) factor on the record,
particularly when imposing a sentence within the properly
calculated Guidelines range. United States v. Johnson,
445 F.3d
339, 345 (4th Cir. 2006). At the same time, the district court
“must make an individualized assessment based on the facts
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presented.”
Gall, 552 U.S. at 50. “This individualized
assessment need not be elaborate or lengthy, but it must provide
a rationale tailored to the particular case at hand and adequate
to permit meaningful appellate review.” United States v.
Carter,
564 F.3d 325, 330 (4th Cir. 2009) (internal quotation
marks omitted).
Here, the parties agreed that the Guidelines were properly
calculated. Further, the court provided an adequate explanation
of its sentence, referencing the seriousness of Carr’s conduct,
his past criminal history and characteristics, the kinds of
sentences available and the need to protect the public. The
court specifically found that a sentence in the middle of the
advisory Guidelines range was appropriate. We therefore
conclude that the sentence was procedurally reasonable.
When we find a sentence procedurally reasonable, we then
must examine its substantive reasonableness, considering “the
totality of the circumstances.”
Gall, 552 U.S. at 51. The
sentence imposed must be “sufficient, but not greater than
necessary” to satisfy the purposes of sentencing. 18 U.S.C.
§ 3553(a). A within-Guidelines sentence is presumed reasonable
on appeal, and the defendant bears the burden to “rebut the
presumption by demonstrating that the sentence is unreasonable
when measured against the § 3553(a) factors.” United States v.
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Montes-Pineda,
445 F.3d 375, 379 (4th Cir. 2006) (internal
quotation marks omitted).
Here, Carr’s sentence was within his Guidelines range, and
the record does not provide any basis to overcome the
presumption of reasonableness. We thus find the sentence to be
substantively reasonable. Our review pursuant to Anders has
revealed no meritorious issues for review. We accordingly
affirm Carr’s conviction and sentence. This Court requires that
counsel inform Carr in writing of his right to petition the
Supreme Court of the United States for further review. If Carr
requests that a petition be filed, but counsel believes that
such petition would be frivolous, then counsel may move this
Court for leave to withdraw from representation. Counsel’s
motion must state that a copy thereof was served on Carr. 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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