US v. Xavier Luckey, No. 11-4092 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4092 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. XAVIER DIAMOND LUCKEY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:10-cr-00226-TDS-1) Submitted: October 12, 2011 Decided: November 1, 2011 Before MOTZ, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen, III, Federal Public Defender, Eric D. Placke, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, Clifton T. Barrett, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Xavier Diamond Luckey pleaded guilty, pursuant to a plea agreement, to one count of possession of ammunition by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1), 924(e) (2006). The district court imposed a custodial sentence of 180 months followed by five years of supervised release. appeals the length of We review a the term of supervised Luckey release. We affirm. discretion standard. (2007). First, ensuring that we the sentence under a deferential abuse of Gall v. United States, 552 U.S. 38, 51 inspect for district procedural court reasonableness committed no by significant procedural errors, such as failing to calculate or improperly calculating the Guidelines range, failing to consider the 18 U.S.C. § 3553(a) (2006) explain the sentence. 837-38 (4th Cir. factors, or failing to adequately United States v. Boulware, 604 F.3d 832, 2010). We then consider the substantive reasonableness of the sentence imposed, taking into account the totality of the circumstances. Gall, 552 U.S. at 51. We presume that a sentence within a properly-calculated Guidelines range is reasonable. (4th Cir. 2007). United States v. Allen, 491 F.3d 178, 193 That presumption may be rebutted by a showing that the sentence is unreasonable when measured against the [18 U.S.C.] § 3553 factors. United States v. Montes-Pineda, 445 2 F.3d 375, 379 (4th Cir. 2006) (internal quotation marks omitted). The explanation district for its court provided imposition of a cogent Luckey s and adequate sentence. It explained both the mitigating and the aggravating factors that formed the basis for the sentence. The five-year term of supervised release was within the advisory Guidelines range and Luckey has failed to rebut the presumption of reasonableness that attaches to such a sentence. We therefore affirm the district court s judgment. dispense with oral argument because the facts and We 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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