Professional Documents
Culture Documents
No. 09-5177
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:05-cr-00013-REM-JSK-1)
Submitted:
Decided:
PER CURIAM:
This case is before the court after a second remand
for
resentencing.
Fanchers
provide
sentence
advance
variance,
United
In
our
based
on
previous
the
notice
that
States
v.
decisions,
district
it
was
Fancher,
we
courts
failure
considering
513
F.3d
vacated
424
an
to
upward
(4th
Cir.
to
address
the
court
prior
to
the
imposition
of
Fancher
timely appealed.
On
appeal,
Fancher
sentence is unreasonable.
argues
that
the
upward
variance
the
district
court
must
make
Gall
When rendering a
an
individualized
factors
before it.
to
the
specific
circumstances
of
the
must
case
also
state
in
open
2
court
the
particular
The
reasons
supporting
its
satisfy
this
arguments
and
chosen
court
has
sentence
that
it
reasoned
has
set
forth
considered
basis
and
for
to
parties
[its]
own
51.
totality
the
exercising
enough
In
conducting
of
the
this
review,
circumstances,
the
court
including
the
Id.
of
the
any
If the district
variance.
and
argues
failed
to
that
the
justify
district
the
court
extent
of
abused
the
its
upward
sufficiently
individualized
explanation
for
its
we
affirm.
We
dispense
with
oral