US v. Willie Robinson, No. 13-4710 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4710 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIE LOUIS ROBINSON, a/k/a King Louie, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:12-cr-00219-WO-1) Submitted: June 12, 2014 Before NIEMEYER Circuit Judge. and KING, Decided: Circuit Judges, and June 20, 2014 DAVIS, Senior Affirmed by unpublished per curiam opinion. James B. Craven III, Durham, North Carolina, for Appellant. Ripley Rand, United States Attorney, Sandra J. Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie Robinson appeals the 240-month below-Guidelines sentence imposed by the district court following his convictions by a jury of conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(A), 846 (2012), and five counts of distributing cocaine § 841(a)(1), base, (b)(1)(B) in violation (2012). On of appeal, 21 U.S.C. Robinson s sole contention is that his sentence is substantively unreasonable. We affirm. We review a sentence for reasonableness, applying an abuse-of-discretion standard. 38, 51 (2007). significant Where, procedural as Gall v. United States, 552 U.S. here, error, there we is review no allegation the sentence of for substantive reasonableness, tak[ing] into account the totality of the circumstances. Id. If the sentence is within or below the Guidelines range, we presume on appeal that the sentence is reasonable. United States v. Yooho Weon, 772 F.3d 583, 590 (4th Cir. 2013). We presumption conclude of that Robinson reasonableness Guidelines sentence. that has failed attaches to to rebut his the below- See United States v. Montes-Pineda, 445 F.3d 375, 379 (4th Cir. 2006). The district court took into account all of the factors identified by Robinson on appeal and weighed them according to the 2 18 U.S.C. § 3553(a) (2012) factors. The court concluded that, in spite of Robinson s serious offense conduct and the need for deterrence, his age and the sentencing disparity for cocaine base offenses warranted a substantial variance below the Guidelines range. We conclude that Robinson s general attacks do not show that the district court improperly weighed the § 3553(a) factors. Therefore, his sentence is substantively reasonable. Accordingly, we affirm the district court s judgment. 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 the decisional process. AFFIRMED 3
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