Professional Documents
Culture Documents
No. 11-4827
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:10-cr-00320-BO-2)
Submitted:
Decided:
June 6, 2012
PER CURIAM:
Antoine
written
plea
Urick
Lilly
agreement,
to
pleaded
one
guilty,
count
of
pursuant
to
participating
in
Guidelines
assistance
motion
150
sentencing
by
sentence
of
release.
We affirm.
the
months
range
Government
followed
by
based
and
five
on
imposed
years
substantial
a
custodial
of
supervised
Counsel
any
error
in
the
non-application
of
the
FSA
was
harmless.
Although
Lillys
offense
conduct
pre-dated
the
at
after
Lillys
the
sentencing
effective
date
because
of
the
the
Act.
sentencing
The
took
district
place
court,
Assuming without
calculated
ten-year
statutory
minimum
rather
than
review
discretion standard.
(2007).
We
ensuring
that
first
the
sentence
under
deferential
abuse
of
for
procedural
court
reasonableness
committed
no
by
significant
range.
Cir.
calculated
error.
Assuming
Lillys
Such
harmlessness.
that
Guidelines
procedural
the
district
range,
error
is
it
court
improperly
committed
procedural
subject
to
review
119, 123-24 (4th Cir.), cert. denied, 132 S. Ct. 454 (2011).
finding
of
for
harmlessness
requires:
(1)
knowledge
that
A
the
district court would have reached the same result even if it had
decided
the
Guidelines
issue
the
other
way,
and
(2)
Id.
at 123 (citing United States v. Keene, 470 F.3d 1347, 1349 (11th
Cir. 2006)).
imposed
calculation.
the
same
sentence
regardless
of
the
Guidelines
Id. at 124.
Furthermore, the
The
the
150-month
sentence
would
still
constitute
meaningful
it
did
not
affect
the
sentence
that
Lilly
actually
received.
In accordance with Anders, we have reviewed the entire
record
and
have
Accordingly,
we
found
affirm
no
the
meritorious
district
issues
courts
for
appeal.
judgment.
This
may
move
representation.
in
and
materials
legal
before
court
for
leave
to
withdraw
from
this
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED