Professional Documents
Culture Documents
No. 13-4825
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00179-MOC-1)
Submitted:
Decided:
PER CURIAM:
Roberto
Texidore
appeals
the
six-month
sentence
Texidore
unreasonable.
alleges
that
his
sentence
is
plainly
release,
we
take[]
more
deferential
appellate
United
States v. Moulden, 478 F.3d 652, 656 (4th Cir. 2007) (internal
quotation marks omitted).
Cir.
2006).
substantively
second
step,
Only
unreasonable
which
is
plainly unreasonable.
reasonable
if
if
the
will
contained
Guidelines
and
sentence
the
determine
Id. at 439.
district
statements
the
to
the
in
court
Chapter
applicable
18
is
inquiry
whether
procedurally
proceed
the
to
sentence
or
the
is
A sentence is procedurally
has
considered
Seven
of
U.S.C.
the
the
policy
Sentencing
3553(a)
(2012)
as
much
detail
Thompson,
595
as
when
F.3d
at
imposing
547.
the
original
sentence
is
sentence.
substantively
Crudup,
conclude
that
Texidores
six-month
sentence
is
95, 105 (4th Cir. 2012) (recognizing that court will credit an
articulation
[of
the
3553(a)
factors]
as
clear
and
matched
tailored
marks
to
to
the
factor
appropriate
defendants
for
situation)
consideration
(internal
and
quotation
omitted).
Here,
the
district
courts
stated
rationale
for
court need only set forth enough to satisfy the appellate court
that
[it]
reasoned
has
basis
authority.
considered
for
the
exercising
parties
[its]
own
arguments
legal
and
has
decisionmaking
Thus, for each sentence, the court must place on the record an
individualized assessment based on the particular facts of the
3
for
imposing
Texidores
sentence
and
explanation
was
diminished
both
by
the
3553(a)
fact
that
the
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED