US v. Zhivago Robinson, No. 09-4425 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4425 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ZHIVAGO ANWAH ROBINSON, a/k/a Anwah, a/k/a Anwar, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:08-cr-00401-CMC-2) Submitted: July 28, 2010 Decided: August 11, 2010 Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Langdon D. Long, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, James Chris Leventis, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: A federal conspiracy to jury possess convicted with Zhivago intent to Anwah Robinson distribute of and to distribute cocaine base, in violation of 21 U.S.C. § 846 (2006), possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2006), and possession with intent to distribute and distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2006). determined that Robinson Sentencing Guidelines At sentencing, the district court was and a career sentenced offender him to under months 360 the of See U.S. Sentencing Guidelines Manual ( USSG ) imprisonment. § 4B1.1(a) (2008). Robinson now appeals, and argues that the district court erred in imposing a 360-month sentence because his predicate offenses for the career offender designation involved small amounts of drugs, no firearms, and no violence. Finding no error, we affirm. We deferential review abuse a of sentence for discretion reasonableness, standard. Gall using v. a United States, 552 U.S. 38, 51 (2007); United States v. Evans, 526 F.3d 155, 161 district Guidelines (4th court Cir. properly range, reasonableness 2008). of calculated this the After determining the defendant s court reviews the sentence, taking into totality of the circumstances. 2 whether the advisory substantive account the United States v. Pauley, 511 F.3d 468, citation 473 (4th 2007) (internal This omitted). Cir. court presumes quotation a sentence marks and within a properly determined advisory Guidelines range is substantively reasonable. United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007); see Rita v. United States, 551 U.S. 338, 347 (2007). Robinson does not challenge reasonableness of his sentence on appeal. its substantive totality of imposing a range. the reasonableness, circumstances, sentence within the asserting the the procedural Rather, he attacks that, district court properly-calculated under erred the in Guidelines He argues that, because the predicate offenses for his career offender enhancement did not involve firearms, violence, or a significant quantity of drugs, he did not merit the lengthy sentence imposed by the district court. We conclude, however, that Robinson has not rebutted the presumption of reasonableness that we apply to Robinson s sentence. Allen, 491 F.3d at 193. judgment of the district court. Accordingly, we affirm the 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
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