US v. Doster Mangum, Jr., No. 11-4361 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4361 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DOSTER MANGUM, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (4:10-cr-00061-FL-1) Submitted: November 28, 2011 Decided: December 20, 2011 Before AGEE, KEENAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Mitchell G. Styers, BANZET, THOMPSON & STYERS, PLLC, Warrenton, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Doster Mangum, Jr. pleaded guilty to possession of a firearm by a §§ 922(g)(1), advisory convicted 924 felon (2006). Guidelines in violation Prior range was to of 18 sentencing, seventy-seven to U.S.C. Mangum s ninety-six months imprisonment pursuant to the U.S. Sentencing Guidelines Manual ( USSG ) departure (2010). underrepresented failed to appeals. criminal seriousness adequately recidivism. sentenced the Government Mangum s because The The Mangum account court to of for granted 108 his the months moved for an history criminal Mangum s upward category history and likelihood of Government s motion Mangum imprisonment. and now We affirm. When the district court imposes a departure sentence, we consider whether the sentencing court acted reasonably both with respect to its decision to impose such a sentence and with respect to range. 123 the extent of the divergence from the sentencing United States v. Hernandez-Villanueva, 473 F.3d 118, (4th Cir. 2007). Under USSG § 4A1.3(a)(1), the district court may upwardly depart from the Guidelines range if the court determines that substantially defendant s the defendant s under-represents criminal history criminal the or the defendant will commit other crimes[.] 2 history category seriousness of the likelihood that the The court may consider prior sentences category. not used in computing the criminal history did err USSG § 4A1.3(a)(2)(A). We upwardly find that departing. the district Mangum s court thirty-five not criminal in history points are almost three times the thirteen points required to place him in the highest criminal history category. The court considered Mangum s extensive criminal conduct in depth. The court the had ample evidence before it to determine that Guidelines range did not adequately represent the seriousness of Mangum s criminal history and his likelihood of recidivism. Accordingly, the court did not err in upwardly departing. We district facts court. and materials therefore legal before We affirm dispense the with sentence oral argument contentions are adequately the and argument court imposed by the because the presented would not in the aid the decisional process. AFFIRMED 3
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