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Culture Documents
No. 14-4757
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (4:12-cr-00115-BR-1)
Submitted:
FLOYD,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
Lynne L. Reid, L.L. REID LAW, Chapel Hill, North Carolina, for
Appellant.
Thomas G. Walker, United States Attorney, Jennifer
P. May-Parker, Phillip A. Rubin, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.
PER CURIAM:
Gerard
Fenner
appeals
imposed
upon
imprisonment
from
remand
the
for
63-month
term
resentencing.
of
Fenner
U.S.C.
district
922(g),
court
924
(2012).
procedurally
Fenner
erred
in
argues
failing
to
that
the
adequately
asserts
that
the
sentence
is
substantively
Fenner
unreasonable
We affirm.
The
court
first
reviews
for
significant
procedural
Id. at 51.
Procedural
the
sentence,
the
district
Id.
court
To adequately
must
make
an
United States v.
The individualized
to
allow
Substantive
meaningful
reasonableness
appellate
is
review.
determined
by
Id.
at
330.
considering
the
Guidelines
range,
presumption of reasonableness.
this
court
applies
to
adequately
replies
that
the
sentencing
explain
district
rationale
argument
for
sentence.
court
and
rehabilitative efforts.
Fenners
its
The
sufficiently
considered
Government
explained
Fenners
its
recent
low-end
Guidelines
sentence.
In
from
life
of
have
failed
and
that
he
has
States
v.
Worley,
685
F.3d
3
404,
410
(4th
Cir.
See
2012)
discuss
each
3553(a)
(citation omitted)).
factor
in
checklist
fashion
Therefore,
circumstances,
he
the
contends,
sentence
under
is
the
totality
substantively
of
the
unreasonable
sentencing.
The
Government
argues
that
Fenners
recent
only
be
unreasonable
factors.
[substantively]
rebutted
when
by
measured
reasonable.
showing
against
Such
that
the
18
the
presumption
sentence
U.S.C.
is
3553(a)
were
not
substantial
enough
to
outweigh
the
Further, although
We therefore
conclude that Fenner has not met his burden of rebutting the
presumption that the within-Guidelines sentence is substantively
reasonable.
Accordingly, we affirm the sentence.