Professional Documents
Culture Documents
No. 15-4069
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Fox, Senior
District Judge. (4:14-cr-00016-F-1)
Submitted:
FLOYD,
Circuit
Decided:
Judges,
and
October 2, 2015
HAMILTON,
Senior
PER CURIAM:
Mark Allen Jenkins appeals the 78-month upward departure
sentence imposed by the district court following his guilty plea
to bank robbery, in violation of 18 U.S.C. 2113 (2012).
On
appeal,
is
Jenkins
substantively
contends
that
unreasonable
in
the
light
upward
of
departure
the
age
of
the
Because
Jenkins
does
not
claim
on
appeal
that
the
substantive
circumstances.
Cir. 2014).
reasonableness
under
the
totality
of
the
to
of
impose
the
such
divergence
sentence
from
the
and
with
respect
sentencing
to
range.
the
Id.
on
category
the
inadequacy
[i]f
defendants
underrepresents
reliable
criminal
the
of
defendants
information
history
seriousness
2
of
indicates
category
the
criminal
history
that
the
significantly
defendants
criminal
departure
upon
finding
that
Jenkins
criminal
history
that
the
court
did
not
abuse
its
We further
discretion
in
with
conclusions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED