Professional Documents
Culture Documents
No. 11-5038
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:11-cr-00012-JPB-DJJ-1)
Submitted:
Decided:
May 3, 2012
PER CURIAM:
Rashiad Robinson appeals his sentence of 151 months of
imprisonment imposed following his guilty plea to distributing
cocaine
base,
in
violation
of
21
U.S.C.
841(a)
(2006).
the
various
statutory
amendments
effected
by
the
Fair
The Government,
although not conceding error, submits that any such error was
We agree, and accordingly affirm. *
harmless.
When
sentencing
considering
errors
like
whether
the
one
preserved
alleged
here
v.
Boulware,
604
F.3d
832,
838
(4th
procedural
require
See United
Cir.
2010).
that
the
error.
district
courts
sentence
was
not
affected
by
the
court,
the
Government
is
able
to
carry
this
burden.
In
base
sentences.
needed
statutory
Had
the
maximums
in
to
trigger
district
certain
court
Robinsons
statutory
applied
case,
his
these
maximum
amended
Guidelines
range
than
the
calculated
at
188
to
235-month
Robinsons
841(b)(1)(B)-(C)
(West
range
sentencing.
1999
&
Supp.
the
district
See
2011);
21
U.S.
court
U.S.C.A.
Sentencing
because
the
district
court
elected
to
sentence
We dispense
with oral argument because the facts and legal contentions are
3
adequately
presented
in
the
materials
before
the
court
and