US v. Luis Granados-Arvizu, No. 10-4987 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4987 UNITED STATES OF AMERICA, Plaintiff Appellee, v. LUIS JOSE GRANADOS-ARVIZU, Defendant Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:09-cr-00414-JAB-1) Submitted: March 30, 2011 Before WILKINSON and Senior Circuit Judge. KEENAN, Decided: Circuit Judges, April 6, 2011 and HAMILTON, Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, Randall S. Galyon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Luis Jose Granados-Arvizu ( Granados ) pled guilty, pursuant to a written plea agreement, to one count of possession with the intent to distribute methamphetamine, in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(B) (West 2006 & Supp. 2010), and one count of possession of firearms in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i) (2006). range The on district the (2009). calculated methamphetamine see U.S. imprisonment, court count Sentencing Granados s at 87 to Guidelines Guidelines 108 months Manual ( USSG ) Additionally, Granados was subject to a statutorily mandated consecutive sentence of sixty months imprisonment on the firearms count, and this became his Guidelines sentence on that count. months The district court sentenced Granados to ninety-six imprisonment consecutive firearms sentence count, imprisonment. the methamphetamine of an for sixty months aggregate court inside, reviews just the outside, under a or count imprisonment sentence Granados appeals his sentence. This whether on district of on 156 a the months We affirm. court s significantly deferential and sentence, outside Guidelines range, standard. Gall v. United States, 552 U.S. 38, 41 (2007). the abuse-of-discretion This review entails appellate consideration of both the procedural and substantive reasonableness of 2 a sentence. Id. at 51. Granados challenges the substantive reasonableness of the 156-month prison sentence, but does not contest its procedural reasonableness. When reviewing reasonableness, we circumstances. take Id. a into sentence account for the substantive totality of the This court accords a sentence within a properly-calculated Guidelines range an appellate presumption of reasonableness. See United States v. Abu Ali, 528 F.3d 210, 261 (4th Cir. 2008). Such a presumption is rebutted only by showing that the sentence is unreasonable when measured against the [18 U.S.C.] § 3553(a) Montes-Pineda, 445 [(2006)] F.3d quotation marks omitted). 375, factors. 379 (4th United Cir. States 2006) v. (internal Further, [a] statutorily required sentence . . . is per se reasonable. United States v. Farrior, 535 F.3d 210, 224 (4th Cir. 2008). We have reviewed the record and the parties briefs and conclude that the 156-month sentence is not substantively unreasonable. The methamphetamine count ninety-six falls month within the sentence properly on the calculated Guidelines range, and Granados fails to overcome the appellate presumption of reasonableness afforded that sentence. Further, the sixty-month consecutive sentence on the firearms count was required by statute and is therefore per se reasonable. 3 Accordingly, we affirm the district court s judgment. 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 4
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