Beruflich Dokumente
Kultur Dokumente
No. 09-4907
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:05-cr-00007-RLV-DCK-1)
Submitted:
March 7, 2011
Decided:
May 5, 2011
PER CURIAM:
Jimmy Lane Stout appeals from his conviction and 210month
total
sentence
imposed
following
his
guilty
plea
to
and
quantity
of
marijuana,
and
using
and
of
responsibility
after
Stout
absconded
prior
to
filed
asserting
that
governments
that
his
pro
he
se
should
motion
for
sentences
concurrently.
brief
on
not
reiterating
have
downward
the
drug
lost
counsels
the
benefit
departure,
and
and
firearm
issues,
of
the
requesting
charges
run
charged,
sentence he faced.
and
the
mandatory
minimum
and
the
maximum
independent factual basis for the plea and that the plea was not
In reviewing a sentence,
this court must first ensure that the district court properly
calculated the defendants advisory guideline range, considered
the 18 U.S.C. 3553(a) (2006) factors, analyzed the arguments
presented
by
the
parties,
and
sufficiently
explained
the
selected sentence.
(4th
The
Cir.
2009).
court
then
considers
the
substantive
determination
that
for
a
clear
defendant
error
obstructed
district
courts
justice.
United
Here, the
an
indicates
criminal
enhancement
that
for
defendant
conduct,
except
obstruction
has
in
not
of
accepted
justice
responsibility
extraordinary
3
ordinarily
cases
in
for
which
adjustments
under
both
as
would
3C1.1
and
3E1.1
may
apply.
USSG
allow
Stout
the
benefit
of
acceptance
of
prolonged
period
as
fugitive.
See
United
States
v.
find
no
error
by
the
sentencing
court
in
allowing
the
failed
to
appear
for
sentencing
as
directed.
Also,
merit.
Finally,
determined
Stouts
we
find
that
advisory
the
district
guideline
court
range,
correctly
provided
an
parties,
and
acted
within
its
discretion
by
departing
We find
that
counsel
inform
his
client,
in
We
This court
writing,
of
his
review.
but
If
counsel
the
client
believes
requests
that
such
that
a
petition
petition
would
be
be