US v. Solin, No. 06-4212 (4th Cir. 2006)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4212 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LAWRENCE SOLIN, a/k/a Martin Scott, a/k/a Martin Steele, a/k/a John Jordan, a/k/a Carl Sinclair, a/k/a James Baldwin, a/k/a Wade Carter, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Senior District Judge. (1:05-cr-00263-WLO) Submitted: September 26, 2006 Decided: September 29, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, William C. Ingram, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, L. Patrick Auld, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Lawrence Solin appeals from his thirty-six month sentence, imposed pursuant to his guilty plea to mail fraud. On appeal, he contends that his sentence was unreasonable because the district court did not properly consider certain factors, including his age, his health, his lack of a criminal background, and the needs of his son. After consideration of the briefs and record on appeal, we affirm. This court will affirm a sentence if it reasonable and within the statutorily prescribed range. is both United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir. 2005); see also United States v. Green, 436 F.3d 449, 457 (4th Cir.) (stating a sentence imposed within a properly calculated guideline range is presumptively reasonable), cert. denied, 126 S. Ct. 2309 (2006). Reasonableness review involves both procedural and substantive components. United States v. Moreland, 437 F.3d 424, 434 (4th Cir.), cert. denied, 126 S. Ct. 2054 (2006). reasonableness although a scrutiny, sentence may we be note two When conducting considerations. procedurally unreasonable First, if the district court provides an inadequate statement of reasons or fails to make a necessary factual finding, a district court need not robotically tick through every relevant factor. United States v. Johnson, 445 F.3d 339, 345 (4th Cir. 2006). Second, although a sentence may be substantively unreasonable if the court relies on - 2 - an improper factor or rejects policies articulated by Congress or the Sentencing Commission, see Moreland, 437 F.3d excessive weight may not be given to any one factor. States v. Hampton, Applying 441 the F.3d above 284, 288-89 principles, Solin s sentence was unreasonable. (4th we at See United Cir. cannot 434, 2006). find that The district court considered lengthy argument on the relevant factors, made certain factual findings in Solin s favor, and sentenced Solin in the mid-range of his calculated guideline range. The court noted the seriousness and extensive nature of Solin s crime but also recommended that Solin be placed in an institution close to his son and delayed his reporting for several months so that Solin could make arrangements for his son. Finding that the court properly considered the relevant factors and imposed a reasonable sentence, we affirm. We grant Solin s motion to file a pro se supplemental brief but conclude that disposition. it does not provide a basis to change our 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 - 3 -
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
