US v. David Salter, No. 13-4988 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4988 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID VICTOR SALTER, Defendant - Appellant. Appeal from the United States District Court District of North Carolina, at Greensboro. Thacker, Circuit Judge, sitting by designation. SDT-1) Submitted: July 22, 2014 Decided: for the Middle Stephanie D. (1:13-cr-00216- August 1, 2014 Before SHEDD, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, Andrew C. Cochran, Special Assistant United States Attorney, Winston-Salem, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David sentence Victor imposed by Salter the appeals district the court fifty-one-month following his guilty pleas to bank robbery, 18 U.S.C. § 2113(a), (d) (2012), and Hobbs Act robbery, 18 U.S.C. § 1951(a) (2012). On appeal, Salter s sole contention is that his sentence is substantively unreasonable. We affirm. We review a sentence for reasonableness, applying an abuse-of-discretion standard. 38, 51 (2007). significant Where, procedural as Gall v. United States, 552 U.S. here, error, we there is review no allegation the sentence of for substantive reasonableness, tak[ing] into account the totality of the circumstances. Id. If the sentence is within or below the Guidelines range, we presume on appeal that the sentence is reasonable. United States v. Weon, 722 F.3d 583, 590 (4th Cir. 2013). We presumption conclude of that Salter reasonableness Guidelines sentence. has that failed attaches to to rebut his the within- See United States v. Montes-Pineda, 445 F.3d 375, 379 (4th Cir. 2006). The district court took into account all of the factors identified by Salter on appeal and weighed factors. them The according court to the concluded 18 U.S.C. that the § 3553(a) seriousness (2012) of the offense conduct, while mitigated by the unique circumstances of 2 Salter s personal sentence. Salter determination § 3553(a) history, the factors. has warranted not district shown court Therefore, his a that within-Guidelines in improperly sentence is making this weighed the substantively reasonable. Accordingly, we affirm the district court s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before this court and argument will not aid the decisional process. AFFIRMED 3
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