Beruflich Dokumente
Kultur Dokumente
No. 09-5209
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:08-cr-00024-REM-JSK-1)
Submitted:
Decided:
PER CURIAM:
David Cicalese pled guilty, pursuant to a written plea
agreement, to one count of possession of child pornography, in
violation
of
18
U.S.C.A.
2252A(a)(5)(B)
(West
Supp.
2010).
that
the
lifetime
substantively unreasonable.
term
of
supervised
release
is
review
the
district
courts
We affirm.
sentence,
whether
under
deferential
abuse-of-discretion
standard.
review,
we
must
first
ensure
that
the
In conducting
district
court
(or
improperly
calculating)
the
Guidelines
range,
U.S.C.]
based
on
3553(a)
clearly
[(2006)]
erroneous
factors,
facts,
the
district
or
selecting
failing
Id. at 51.
court
must
make
to
sentence
adequately
When rendering a
an
individualized
factors
it.
to
United
the
specific
States
v.
circumstances
Carter,
564
of
F.3d
the
325,
case
328
this
arguments
and
court
has
that
it
reasoned
has
basis
considered
for
the
exercising
parties
[its]
own
omitted).
If the sentence is free from procedural error, we then
review it for substantive reasonableness.
511 F.3d 468, 473 (4th Cir. 2007) (quoting Gall, 552 U.S. at
51).
and
considered
the
Guidelines
range
and
heard
argument
from
characteristics,
and
the
need
to
protect
district
court
adequately
explained
the
public
and
We conclude that
its
rationale
for
imposing the variant prison sentence and that the reasons relied
upon
by
the
3553(a)
district
and
court
justify
the
are
valid
sentence
considerations
imposed.
under
Pauley,
See
maximum
under
U.S.C.
18
term
of
2252A
supervised
is
life,
release
see
18
for
an
U.S.C.A.
offense
3583(k)
After a
abuse
its
discretion
in
imposing
4
lifetime
term
of
the
right
to
petition
the
Supreme
Court
of
the
to
withdraw
from
representation.
Counsels
motion
must
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and