Beruflich Dokumente
Kultur Dokumente
No. 13-4444
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:12-cr-00390-D-1)
Submitted:
October 8, 2013
Decided:
PER CURIAM:
Federal
inmate
Theoharis
Toumazatos
pled
guilty
to
(West
2006
&
calculated
Toumazatos
Supp.
2013).
Guidelines
The
district
court
range
under
the
appeal,
counsel
has
California,
386 U.S.
meritorious
issues
district
court
Toumazatos
was
filed
738
for
abused
(1967),
appeal,
its
informed
brief
pursuant
stating
but
his
that
in
right
to
We
under
review
deferential
are
whether
imposing
file
Anders
there
questioning
discretion
of
to
v.
no
the
sentence.
a
pro
se
The Government
We affirm.
Toumazatos
sentence
abuse-of-discretion
for
reasonableness
standard.
Gall
v.
reasonableness,
properly
gave
calculated
the
parties
we
Id. at 51.
consider
whether
the
defendants
an
opportunity
In determining
the
advisory
to
district
Guidelines
argue
for
an
Id. at 4951.
Id. at 51.
If the sentence
on
appeal
reasonable.
that
the
sentence
is
substantively
F.3d
375,
379
(4th
Cir.
(internal
quotation
marks
omitted).
In this case, the district court correctly calculated
and
from
considered
the
counsel,
and
allocute.
The
advisory
Guidelines
afforded
court
range,
Toumazatos
explained
that
the
the
heard
argument
opportunity
to
within-Guideline
nor
presumption
Toumazatos
on
substantively
appeal
offers
that
reasonable.
his
any
grounds
within-Guidelines
Accordingly,
3
to
we
Neither
rebut
sentence
conclude
that
the
is
the
district
court
did
not
abuse
its
discretion
in
sentencing
Toumazatos.
Finally, in accordance with Anders, we have reviewed
the entire record in this case and have found no meritorious
issues for appeal.
judgment.
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED