US v. Treyvon Carey, No. 12-4872 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4872 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TREYVON CORTEZ CAREY, a/k/a Treyvon Carey, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Peter J. Messitte, Senior District Judge. (1:11-cr-00279-PJM-1) Submitted: July 25, 2013 Decided: August 6, 2013 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James Wyda, Federal Public Defender, Joanna Silver, Appellate Attorney, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Hollis Raphael Weisman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Treyvon Cortez Carey was sentenced to 180 months imprisonment after pleading guilty to one count of robbery, in violation of 18 U.S.C. § 2111 (2006), and one count of escape, in violation of 18 U.S.C. §§ 7, 13 (2006) and Md. Code Ann., Crim. Law § 9-404 (West 2013). He appeals, sentence is substantively unreasonable. contending his Finding no error, we affirm. This applying an court abuse reviews of a sentence discretion standard. States, 552 U.S. 38, 51 (2007). reasonableness, we first for reasonableness, Gall v. United In reviewing a sentence for consider whether the district court committed significant procedural error, and in the absence of such error, we next consider substantively reasonable. Id. whether the sentence is Substantive reasonableness is determined by considering the totality of the circumstances, and if the applies sentence a is within presumption of the Guidelines reasonableness. range, this United court States v. Strieper, 666 F.3d 288, 295 (4th Cir. 2012). We conclude that Carey s sentence procedural error and is substantively reasonable. Guidelines supported sentence by the is both totality presumptively of the is without The within- reasonable, circumstances, and including Carey s history and characteristics, the nature of his offenses, 2 and the needs deterrence. judgment. legal before to protect Accordingly, the we public affirm and the provide adequate district court s We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3
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