Filed: Jul. 13, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5078 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER EARL DAVIS, a/k/a Snake Bite, a/k/a Earl Davis, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (4:06-cr-00023-F-2) Submitted: June 28, 2010 Decided: July 13, 2010 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per c
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5078 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER EARL DAVIS, a/k/a Snake Bite, a/k/a Earl Davis, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (4:06-cr-00023-F-2) Submitted: June 28, 2010 Decided: July 13, 2010 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per cu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-5078
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER EARL DAVIS, a/k/a Snake Bite, a/k/a Earl Davis,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (4:06-cr-00023-F-2)
Submitted: June 28, 2010 Decided: July 13, 2010
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. George E. B. Holding, United States Attorney,
Anne M. Hayes, Jennifer P. May-Parker, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher Earl Davis appeals the district court’s
imposition of a twenty-four month sentence following the
revocation of his supervised release. On appeal, Davis contends
that his sentence is plainly unreasonable because the district
court failed to address his arguments for a lower sentence.
Finding no reversible error, we affirm.
The district court has broad discretion to impose a
sentence upon revoking a defendant’s supervised release. United
States v. Thompson,
595 F.3d 544, 547 (4th Cir. 2010). We will
affirm unless the sentence is “plainly unreasonable” in light of
the applicable 18 U.S.C. § 3553(a) (2006) factors. United
States v. Crudup,
461 F.3d 433, 437 (4th Cir. 2006). The
relevant applicable § 3553(a) factors to be considered are:
“the nature and circumstances of the offense and the history and
characteristics of the defendant” and the need for the sentence
“to afford adequate deterrence to criminal conduct; . . .
protect the public from further crimes of the defendant; and . .
. provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the
most effective manner.” 18 U.S.C. § 3553(a)(1), (2)(B)-(D).
Our first step in evaluating a sentence imposed upon
revocation of supervised release is to decide whether the
sentence is unreasonable.
Crudup, 461 F.3d at 438; Thompson,
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595 F.3d at 546. In doing so, we generally follow “the
procedural and substantive considerations” employed in reviewing
original sentences.
Crudup, 461 F.3d at 438. While the
district court need not explain the reasons for the sentence in
as much detail as when imposing the original sentence, “it still
must provide a statement of reasons for the sentence imposed.”
Thompson, 595 F.3d at 547 (internal quotation marks omitted).
Additionally, the district court should address the defendant’s
nonfrivolous reasons for imposing a sentence different from the
advisory sentencing range. United States v. Carter,
564 F.3d
325, 328 (4th Cir. 2009).
We find that the district court’s sentence was not
unreasonable. In handing down the sentence, the district court
took into account the U.S. Sentencing Guidelines Manual Chapter
7 policy statements and clearly considered the applicable
§ 3553(a) factors in arriving at a sentence. The district court
also adequately addressed Davis’ arguments in its explanation.
Thus, we find that the sentence imposed by the district court
was not unreasonable in light of the circumstances.
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
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before the court and argument would not aid the decisional
process.
AFFIRMED
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