Filed: Aug. 16, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4537 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MAURICE DEVLON HAIRE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:03-cr-00050-F-1) Submitted: July 25, 2016 Decided: August 16, 2016 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNama
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4537 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MAURICE DEVLON HAIRE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:03-cr-00050-F-1) Submitted: July 25, 2016 Decided: August 16, 2016 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamar..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4537
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MAURICE DEVLON HAIRE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:03-cr-00050-F-1)
Submitted: July 25, 2016 Decided: August 16, 2016
Before WILKINSON, NIEMEYER, and SHEDD, 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Affirmed by unpublished per curiam opinion.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. John Stuart Bruce, Acting United States Attorney,
Jennifer P. May-Parker, Kristine L. Fritz, Assistant United
States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Maurice Devlon Haire appeals the 60-month sentence imposed
upon the revocation of supervised release. We affirm.
We will uphold “a revocation sentence if it is within the
statutory maximum and is not ‘plainly unreasonable.’ United
States v. Webb,
738 F.3d 638, 640 (4th Cir. 2013) (quoting
United States v. Crudup,
461 F.3d 433, 438 (4th Cir. 2006)).
Haire conceded that he received the statutory maximum term of
imprisonment. The remaining question therefore is whether the
sentence is plainly unreasonable.
“When reviewing whether a revocation sentence is plainly
unreasonable, we must first determine whether it is unreasonable
at all.” United States v. Thompson,
595 F.3d 544, 546 (4th Cir.
2010). Only if we find a sentence to be unreasonable will we
consider whether it is “plainly” so. United States v.
Crudup,
461 F.3d at 440.
A revocation sentence is procedurally reasonable if the
district court expressly considered the Chapter Seven policy
statement range and the applicable statutory sentencing factors.
Id. A revocation sentence is substantively reasonable if the
court stated a proper basis for concluding that the defendant
should receive the sentence imposed, up to the statutory
maximum.
Id. “A court need not be as detailed or specific when
imposing a revocation sentence as it must be when imposing a
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post-conviction sentence, but it still ‘must provide a statement
of reasons for the sentence imposed.’” United States v.
Thompson, 595 F.3d at 547 (quoting United States v.
Moulden, 478
F.3d at 657).
We conclude that Haire’s sentence is procedurally and
substantively reasonable. The district court stated that it had
considered relevant § 3553(a) factors, and the court was clearly
aware of Haire’s policy statement range. Further, the court
provided a sufficiently individualized assessment in fashioning
Haire’s revocation sentence. In this regard, the court was
troubled both by Haire’s criminal record and his persistent drug
use. Given his repeated use of drugs, the court found that
Haire had made no meaningful effort towards rehabilitation,
despite his argument to the contrary.
We therefore affirm. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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