Beruflich Dokumente
Kultur Dokumente
No. 08-4210
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
District Judge. (5:07-cr-00010-D-1)
Submitted:
Decided:
March 9, 2009
PER CURIAM:
Timothy Alexander Devine pleaded guilty to possession
of a firearm by a convicted felon, 18 U.S.C. 922(g)(1), 924
(2006),
and
was
imprisonment.
sentenced
Devine
argues
to
term
on
appeal
of
262
that
his
months
of
sentence
is
Guidelines
Guidelines
Manual
range
4A1.3
pursuant
(2006)
to
was
considering
whether
an
Sentencing
unwarranted
U.S.
and
the
departure
was
We affirm.
upward
offense
while
on
probation
for
conviction
for
violations
convicted
of
nine
with
five
disciplinary
resulting
revocations,
infractions
while
he
was
incarcerated
After hearing
nearly
recommendation
court
doubled
to
concluded
seriously
Guidelines
sentence
that
within
Devines
under-represented
range,
the
2
the
and
the
Governments
Guidelines
criminal
seriousness
range,
history
of
his
the
category
criminal
history and the likelihood that he would commit other crimes and
particularly noted his young age.
In
fashioning
the
sentence,
the
court
relied
on
involving
from
violence
his
in
the
firearms;
house,
home;
that
exposing
that
he
he
his
had
has
trafficked
daughter
to
opportunities
illegal
crime
to
and
address
abuse
programs
on
two
occasions;
that
his
prior
must
ensure
that
the
district
court
See
First, this
committed
no
explanation
for
the
3
sentence.
United
States
v.
Osborne, 514 F.3d 377, 387 (4th Cir.) (quoting Gall, 128 S. Ct.
at 597), cert. denied, 128 S. Ct. 2525 (2008).
considers
the
substantive
imposed,
tak[ing]
into
reasonableness
account
of
the
totality
sentence
of
the
No error occurred
range
if
reliable
criminal
under-represents
the
information
history
seriousness
indicates
category
of
the
that
the
substantially
defendants
criminal
USSG 4A1.3(a).
likelihood
that
lengthy sentence.
he
would
commit
other
crimes
without
drugs from his home and that previous, more lenient sentences
had not deterred him from criminal conduct.
We conclude that the courts decision to depart under
4A1.3 and its two-offense-level departure from 30 to 32 was
factually
supported
reasonable.
and
Moreover,
that
the
the
court
resulting
sentence
was
adequately
explained
its
court.
and
materials
therefore
legal
before
We
affirm
dispense
contentions
the
court
the
with
sentence
oral
imposed
argument
are
adequately
and
argument
by
the
because
the
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED