US v. Adrian Chavez, No. 12-4056 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4056 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN CHAVEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:07-cr-00037-BO-1) Submitted: October 10, 2012 Decided: October 15, 2012 Before WILKINSON, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard L. Cannon, III, CANNON LAW OFFICES, PLLC, Greenville, North Carolina, for Appellant. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Adrian Chavez appeals the district court s order revoking his term of supervised release and imposing a sentence of thirty-six months imprisonment. pursuant to Anders v. Counsel has filed a brief California, 386 U.S. 738 (1967), certifying that there are no meritorious issues for appeal, but questioning whether the district court erred in imposing the maximum sentence and whether the district court provided Chavez sufficient notice Guidelines range. regarding the upward departure declined to file a response brief. sentence district revoking the Chavez was given the opportunity file a pro se supplemental brief, but has not done so. A from court a has defendant s The Government We affirm. broad discretion supervised to impose a release. United States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010). We will affirm a sentence imposed after revocation of supervised release if it is within unreasonable. (4th Cir. consider the statutory maximum and is not plainly United States v. Crudup, 461 F.3d 433, 439-40 2006). whether In the making this sentence substantively unreasonable. determination, imposed Id. at 438. is we procedurally first and A supervised release revocation sentence is procedurally reasonable if the district court has considered the advisory policy statement range and the 18 U.S.C. ยง 3553(a) (2006) factors 2 applicable to supervised Id. at 438-40. release revocation. A court need not be as detailed or specific when imposing a revocation sentence as it must be when imposing a post-conviction sentence, but it still must provide imposed. a statement reasons for the sentence Thompson, 595 F.3d at 547 (internal quotation marks omitted). A district sentence court defendant should found is stated a receive statutory maximum. is of substantively proper the reasonable basis sentence or substantively the imposed, Crudup, 461 F.3d at 440. procedurally the concluding for if up to the Only if a sentence unreasonable will then decide whether the sentence is plainly unreasonable. we Id. at 439. After revocation review sentence reasonable. of is the both we procedurally conclude and that the substantively The thirty-six-month sentence does not exceed the applicable statutory maximum. explained record, its rationale for The district court sufficiently imposing the statutory maximum sentence, emphasizing the dangerous nature of the weapon found in Chavez s possession, the severe danger posed by Chavez to the community, and the deterrent affect on fact his that Chavez s criminal prior conduct. sentence In had addition, no the district court was not required to provide Chavez advance notice of its consideration of a sentence above the Guidelines range, as Fed. R. Crim. P. 32.1, which governs revocation of supervised 3 release, does not require advance notice of a potential sentence in excess of the Guidelines range. In accordance with Anders, we have reviewed the entire record for meritorious issues and have found none. affirm the district court s judgment. We therefore This court requires that counsel inform Chavez, in writing, of his right to petition the Supreme Court of the United States for further review. If Chavez requests that a petition be filed, but counsel believes that such a petition would be frivolous, counsel may move in this court for leave to withdraw from representation. Counsel s motion must state that a copy thereof was served on Chavez. 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 4
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