US v. Carwin Pettis, Jr., No. 14-4393 (4th Cir. 2014)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4393 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARWIN TYRONE PETTIS, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:08-cr-00396-CMC-2) Submitted: August 27, 2014 Decided: September 5, 2014 Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Parks N. Small, Federal Public Defender, Columbia, South Carolina, for Appellant. William N. Nettles, United States Attorney, T. DeWayne Pearson, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carwin Tyrone twenty-four-month sentence supervised release. unreasonable. Pettis, Jr., imposed appeals upon from revocation of the his He contends that this sentence is plainly We affirm. We will affirm a sentence imposed after revocation of supervised release if it is within the prescribed statutory range and not plainly unreasonable. United States v. Crudup, 461 F.3d 433, 439 40 (4th Cir. 2006). We consider first whether the sentence unreasonable. more imposed is Id. at 438. deferential posture procedurally or substantively In this initial inquiry, we take a concerning issues of fact and the exercise of discretion than undertaken for the reasonableness review for Guidelines sentences. United 478 F.3d 652, 656 (4th Cir. 2007). States v. Moulden, If we find the sentence procedurally or substantively unreasonable, we must then decide whether it is plainly so. Here, the Id. at 657. district court correctly calculated and considered the advisory policy statement range of eighteen to twenty-four under 18 months U.S.C. imprisonment, § 3583(e) considered (2012), counsel and allocution from Pettis. and relevant heard factors argument from The court also sufficiently explained its reasons for imposing a sentence within the policy statement range. See Crudup, 461 F.3d at 440. 2 Pettis contends that, in determining his sentence, the district court improperly relied on the need for the sentence to reflect the seriousness of his violative conduct, to promote respect for the law, and to provide just punishment. Because Pettis did not object in the district court to its consideration of these factors, our review is for plain error. United States v. Hargrove, 625 F.3d 170, 183 84 (4th Cir. 2010). The was in district conjunction enumerated in 18 court s with consideration its U.S.C. of consideration § 3583(e). these of factors the factors Although § 3583(e) enumerates the factors a district court should consider when formulating a revocation sentence, it does not expressly prohibit a court from referencing other relevant factors omitted from the statute. (4th Cir. 2013). the need for United States v. Webb, 738 F.3d 638, 641 Because the district court properly considered punishment in conjunction with the enumerated factors, we find no plain error by the district court. See id. at 642 (concluding that reference to non-enumerated factor does not render revocation sentence procedurally unreasonable when considered in conjunction with enumerated 18 U.S.C. § 3553(a) (2012) factors). Accordingly, we conclude that the twenty-four-month revocation sentence which is not greater than the statutory maximum and is within the advisory policy statement range is 3 not plainly unreasonable. court s judgment. facts and materials legal before We therefore affirm the district We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
