Professional Documents
Culture Documents
No. 09-4061
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge (1:05-cr-00384-JAB-2)
Submitted:
Decided:
PER CURIAM:
Robert
sentence
Ramon
imposed
Chatman
following
his
appeals
guilty
from
plea,
the
120-month
pursuant
to
amount
of
cocaine
base,
in
violation
of
21
Chatmans
sentence
was
reasonable.
Chatman
has
not
at
sentencing.
First,
it
must
calculate
the
proper
Gall v. United
States, 552 U.S. 38, ___, 128 S. Ct. 586, 596 (2007); see also
United States v. Abu Ali, 528 F.3d 210, 260 (4th Cir. 2008).
It
Gall,
128 S. Ct. at 596; see also Abu Ali, 528 F.3d at 260.
We review the district courts sentence for abuse of
discretion.
district
error,
court
such
did
as
not
failing
commit
to
any
significant
properly
calculate
procedural
the
advisory
Id. at 597.
Once we have
If
v.
Go,
517
F.3d
216,
218
(4th
Cir.
United
2008).
The
States
when
v.
measured
against
Montes-Pineda,
the
445
F.3d
3553(a)
375,
379
factors.
(4th
Cir.
considered
calculated
account
the
Chatmans
the
Furthermore,
Guidelines
applicable
ten-year
statutory
Chatmans
as
advisory
Guidelines
and
range,
mandatory
within-Guidelines
properly
taking
minimum
into
sentence.
sentence
is
district
court
mandatory minimum.
had
no
authority
to
depart
below
the
This
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED