US v. Donald McLeod, Jr., No. 10-4487 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4487 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONALD MCLEOD, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:01-cr-00042-F-1) Submitted: November 16, 2010 Before MOTZ and Circuit Judge. KING, Circuit Decided: Judges, and December 10, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion.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, 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 Unpublished opinions are not binding precedent in this circuit.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: Donald McLeod, Jr., appeals the district court s judgment revoking his supervised release and imposing a sentence of thirty-six months imprisonment. sentence is plainly unreasonable. McLeod alleges that his For the following reasons, we affirm. A district court has broad sentencing discretion upon revoking a defendant s supervised release. United States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010). We will affirm if the sentence is within the applicable statutory maximum and is not plainly unreasonable. United States v. Crudup, 461 F.3d 433, 437, 439-40 (4th Cir. 2006). In determining whether a revocation sentence is plainly unreasonable, we first assess the sentence for unreasonableness, follow[ing] generally the procedural and substantive considerations that we employ in our review of original sentences. A supervised procedurally reasonable Id. at 438. release if the revocation district sentence considered court is the U.S. Sentencing Guidelines Manual Chapter 7 policy statements and the 18 supervised U.S.C. release § 3553(a) (2006) revocation. See (2006); Crudup, 461 F.3d at 440. factors 18 relevant U.S.C. § to a 3583(e)(3) Although the district court need not explain the reasons for imposing a revocation sentence in as much detail as when it imposes an original sentence, it 2 still must provide a statement of reasons for the sentence imposed. Thompson, 595 F.3d at 547 (internal quotation marks omitted). A revocation sentence is substantively reasonable if the district defendant court should receive found a proper the basis sentence for concluding imposed, up to the the Crudup, 461 F.3d at 440. Only if a sentence statutory maximum. is stated procedurally or substantively unreasonable will decide whether the sentence is plainly unreasonable. we Id. at 439. We have carefully reviewed McLeod s sentence and find it to be district procedurally court heard and substantively the parties reasonable. arguments, The explicitly considered the Chapter Seven advisory policy statement range and the pertinent 18 U.S.C. § 3553(a) factors, and explained its reasoning supporting the thirty-six month sentence. The district court stated a proper basis for McLeod s sentence namely, original continuous and narcotics, McLeod s downward the sentence. Based criminal departure on our conduct awarded conclusion involving in McLeod s that McLeod s sentence is neither procedurally nor substantively unreasonable, it necessarily follows that McLeod s sentence is not plainly unreasonable. Crudup, 461 F.3d at 440. Accordingly, we affirm the district court s judgment revoking McLeod s supervised release and imposing a thirty-six 3 month prison term. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 4
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