Filed: Oct. 19, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4253 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TABITHA LYNN GANN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:08-cr-00007-JLK-2) Submitted: October 15, 2015 Decided: October 19, 2015 Before WILKINSON, AGEE, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Larry W. Shelton, Fe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4253 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TABITHA LYNN GANN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:08-cr-00007-JLK-2) Submitted: October 15, 2015 Decided: October 19, 2015 Before WILKINSON, AGEE, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Larry W. Shelton, Fed..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4253
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TABITHA LYNN GANN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (4:08-cr-00007-JLK-2)
Submitted: October 15, 2015 Decided: October 19, 2015
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Larry W. Shelton, Federal Public Defender, Allegra M.C. Black,
Assistant Federal Public Defender, Roanoke, Virginia, for
Appellant. Anthony P. Giorno, Acting United States Attorney, R.
Andrew Bassford, Assistant United States Attorney, Roanoke,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tabitha Lynn Gann appeals her 11-month sentence imposed
upon revocation of her supervised release. On appeal, Gann
asserts that her sentence is plainly unreasonable because the
district court, in imposing a sentence at the top of the
Sentencing Guidelines’ policy statement range, unduly emphasized
her attitude while on supervised release. We affirm.
“A district court has broad discretion when imposing a
sentence upon revocation of supervised release.” United States
v. Webb,
738 F.3d 638, 640 (4th Cir. 2013). We will affirm a
revocation sentence if it is within the applicable statutory
maximum and not plainly unreasonable. United States v. Padgett,
788 F.3d 370, 373 (4th Cir. 2015). “Only if a revocation
sentence is unreasonable must we assess whether it is plainly
so.”
Id.
Gann raises no procedural challenge to her sentence, and
the record reveals no substantive error by the district court.
A revocation sentence is substantively reasonable if the
district court states a proper basis for concluding that the
defendant should receive the sentence imposed, up to the
statutory maximum. United States v. Crudup,
461 F.3d 433, 440
(4th Cir. 2006). Here, when considering the applicable
sentencing factors and imposing sentence, the court fairly
weighed Gann’s prior supervised release violations, history of
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substance abuse, and poor attitude on supervision, all of which
relate to Gann’s history and characteristics. See 18 U.S.C.
§§ 3553(a)(1), 3583(e) (2012). We conclude that Gann’s sentence
is not unreasonable and therefore not plainly so.
Accordingly, we affirm the district court’s judgment. 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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