Beruflich Dokumente
Kultur Dokumente
No. 14-4690
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:12-cr-00278-RWT-2)
Submitted:
Decided:
July 9, 2015
PER CURIAM:
Steven
Vondell
Williams
was
convicted,
following
jury
1951
(2012);
possession
and
brandishing
of
firearm
in
first
into
claims
evidence
We affirm.
that
the
transcripts
district
court
from
coconspirators
his
erred
by
Clause.
[A]
violation
[of
the
Confrontation
v.
Johnson,
400
F.3d
187,
197
(4th
Cir.
2005).
(4th
Cir.
omitted).
2012)
and
internal
quotation
marks
the
district
contravention
of
court
the
erred
by
admitting
Confrontation
the
Clause,
Thus, even
transcript
such
error
in
was
harmless.
Next,
Williams
permitting
hearsay
impermissible
claims
testimony
expert
the
and
testimony.
nonconstitutional
error,
demonstrates
the
that
that
such
error
unqualified
We
as
was
district
this,
harmless.
will
if
court
erred
or
otherwise
not
the
United
by
reverse
Government
States
v.
In the context of
nonconstitutional error,
the Government must demonstrate that the error did not
have a substantial and injurious effect or influence in
determining the jurys verdict. An appellate court does
not inquire into whether absent the error sufficient
evidence existed to convict, but rather whether we
believe it highly probable that the error did not affect
the judgment. Thus, we must be able to say, with fair
assurance, after pondering all that happened without
stripping the erroneous action from the whole, that the
judgment was not substantially swayed by the error.
We have identified three decisive factors in making
this determination: (1) the centrality of the issue
affected by the error; (2) the steps taken to mitigate
the effects of the error; and (3) the closeness of the
case.
Id. at 349-50 (citations and internal quotation marks omitted).
Although the first two of these factors weigh in Williams
favor, [t]he final factorthe closeness of the caseis the single
most
important
inquiry.
factor
in
nonconstitutional
harmless-error
closeness
inquiry
involves
assessing
whether
the
to
ensure
the
error
did
not
affect
the
outcome.
Williams
challenges
the
reasonableness
of
his
552 U.S. 38, 41 (2007); United States v. Lymas, 781 F.3d 106, 111
(4th Cir. 2015).
sentence
[Sentencing]
appeal.
within
Guidelines
range
properly
is
calculated
presumptively
advisory
reasonable
on
United States v. Dowell, 771 F.3d 162, 176 (4th Cir. 2014)
(alteration
and
internal
quotation
marks
omitted).
In
Rita v.
contends
that
the
district
court
committed
statute;
stated
sufficient,
but
that
not
it
was
greater
obliged
than
to
impose
necessary,
to
sentence
comply
with
See
United States v. Helton, 782 F.3d 148, 153 (4th Cir. 2015); United
States v. Johnson, 445 F.3d 339, 345 (4th Cir. 2006).
In applying
We perceive no procedural
unreasonableness,
that
and
we
conclude
meritless.
Williams
claim
is
Absent substantive
Accordingly we affirm
his sentence.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED