Filed: Aug. 04, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4301 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TITO A. COLEMAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:16-cr-00005-JRS-1) Submitted: July 27, 2016 Decided: August 4, 2016 Before WYNN, DIAZ, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Geremy C. Kamens, Federal Publi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4301 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TITO A. COLEMAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:16-cr-00005-JRS-1) Submitted: July 27, 2016 Decided: August 4, 2016 Before WYNN, DIAZ, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Geremy C. Kamens, Federal Public..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4301
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TITO A. COLEMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Senior
District Judge. (3:16-cr-00005-JRS-1)
Submitted: July 27, 2016 Decided: August 4, 2016
Before WYNN, DIAZ, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Geremy C. Kamens, Federal Public Defender, Frances H. Pratt, Nia
Ayanna Vidal, Assistant Federal Public Defenders, Alexandria,
Virginia, for Appellant. Dana J. Boente, United States
Attorney, Juan D. Mejia, Special Assistant United States
Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tito A. Coleman appeals his eight-month sentence after
pleading guilty to driving a vehicle with a suspended license,
in violation of 18 U.S.C. § 13 (2012), assimilating Va. Code
§ 46.2-878. Finding no error, we affirm.
We review Coleman’s sentence for both procedural and
substantive reasonableness “under a deferential abuse-of-
discretion standard.” Gall v. United States,
552 U.S. 38, 41
(2007). We must ensure that the sentencing court committed no
significant procedural error, such as failing to consider the
applicable 18 U.S.C. § 3553(a) (2012) sentencing factors or not
adequately explaining the sentence.
Id. at 51. If there is no
significant procedural error, we then consider the sentence’s
substantive reasonableness under “the totality of the
circumstances, including the extent of any variance from the
[Sentencing] Guidelines range.”
Id.
Coleman first argues that the magistrate judge procedurally
erred by not sufficiently explaining the sentence. However, the
sentencing transcript reveals that the magistrate judge
thoroughly reviewed the § 3553(a) factors and considered the
defense’s arguments before pronouncing sentence. Coleman also
claims that his sentence is substantively unreasonable, but the
magistrate judge imposed a sentence within the applicable
Guidelines range, and Coleman has not effectively rebutted the
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presumption of reasonableness we afford a within-Guidelines
sentence. See United States v. Louthian,
756 F.3d 295, 306 (4th
Cir.), cert. denied,
135 S. Ct. 421 (2014).
Accordingly, we affirm the judgment of the district court.
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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