US v. George Fowler, No. 19-4178 (4th Cir. 2023)
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Defendant pled guilty to two federal weapons charges after local law enforcement executed a search warrant at his residence and discovered a multitude of firearms, ammunition, and drugs. The district court sentenced Defendant to 117 months imprisonment, at the lowest end of his advisory Sentencing Guidelines range. The Fourth Circuit ordered supplemental briefing and oral argument on two issues– (1) whether the district court plainly erred in assigning one criminal history point to Defendant’s criminal domestic violence offense; and (2) whether the district court adequately explained its rejection of Fowler’s nonfrivolous arguments for a downward departure or variance.
The Fourth Circuit affirmed the district court’s judgment. The court found no reversible error in this case. As a general proposition, this court reviews a criminal sentence for reasonableness “under a deferential abuse-of-discretion standard.” The court reasoned that procedural reasonableness requires the court to “ensure that the district court committed no significant procedural error,” which includes “improperly calculating . . . the Guidelines range.” Thus, any claim of error that was not pursued and preserved in the district court is reviewed only for plain error. The court explained that since Defendant failed to object to the PSR’s inclusion of his CDV conviction, the court found no error by the district court in adopting it. Moreover, Defendant has not borne the heavy burden of satisfying the plain error criteria, as he cannot prove “that, but for the error, the outcome of the proceeding would be different.”
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