US v. Deandre Estelle, No. 13-4568 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4568 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEANDRE SCOTT ESTELLE, a/k/a Dre, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, Chief District Judge. (5:12-cr-00020-JPB-JES-6) Submitted: March 25, 2014 Decided: March 27, 2014 Before GREGORY, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric S. Black, Berkley Springs, West Virginia, for Appellant. William J. Ihlenfeld, II, United States Attorney, Randolph J. Bernard, Robert H. McWilliams, Jr., Assistant United States Attorneys, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Deandre Scott Estelle pled guilty, pursuant to a written plea agreement, to one count of conspiracy to distribute controlled substances imprisonment. and was sentenced to 165 months He appeals, challenging the reasonableness of his sentence. This court reviews a sentence for reasonableness under an abuse of discretion standard. U.S. 38, 51 (2007). the procedural and Gall v. United States, 552 This review requires consideration of both substantive reasonableness of a sentence. Id.; see United States v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010). sentence, In determining we calculated the consider whether the Guidelines as defendant s advisory, procedural the district Guidelines considered reasonableness the court range, 18 of properly treated U.S.C. a ยง the 3553(a) (2012) factors, analyzed any arguments presented by the parties, and sufficiently explained the selected sentence. U.S. at 51. Gall, 552 A sentence imposed within the properly calculated Guidelines range is presumed reasonable by this court. See Rita v. United States, 551 U.S. 338, 347 (2007); United States v. Mendoza-Mendoza, 597 F.3d 212, 217 (4th Cir. 2010). We have reviewed the record and the briefs filed by the parties and find that Estelle s procedurally and substantively reasonable. 2 sentence is both Therefore we affirm. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid in the decisional process. AFFIRMED 3
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