Professional Documents
Culture Documents
No. 11-4603
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:10-cr-00139-1)
Submitted:
GREGORY,
Decided:
Circuit
December 1, 2011
Judges,
and
HAMILTON,
PER CURIAM:
Sean Austin Perry appeals his conviction and fiftyseven month sentence imposed after he pled guilty without a plea
agreement
to
one
count
of
distribution
of
oxycodone,
in
since:
(1)
the
Guidelines
allegedly
punish
crimes
than
considering
history
and
other
compelling
characteristics.
factors,
We
such
reject
as
Perrys
procedural
and
reasonableness
of
sentence.
properly
calculated
the
advisory
Guidelines
range,
considered
Id.
at 49-50.
If
substantive
there
is
no
procedural
reasonableness
of
the
error,
we
sentence,
review
tak[ing]
the
into
United States v.
Morace, 594 F.3d 340, 346 (4th Cir. 2010) (internal quotation
marks
and
citation
omitted),
cert.
denied,
131
S.
Ct.
307
(2010).
properly
calculated
Guidelines
range
is
reasonable.
allege
that
the
district
court
United
Perry does
procedurally
erred
in
conclude
that
Perry
presumption of reasonableness.
has
Id.
failed
to
rebut
the
oxycodone
offenses.
Guidelines
offenses
Admittedly,
ranges
based
more
harshly
district
solely
than
courts
on
policy
other
may
narcotics
vary
from
considerations,
United States v.
Engle, 592 F.3d 495, 502 (4th Cir.), cert. denied, 131 S. Ct.
165 (2010) (quoting Kimbrough v. United States, 552 U.S. 85, 101
3
(2007)).
416
(7th
Cir.
2010).
The
record
establishes
that
the
discretion
in
placing
emphasis
on
its
perceived
need
to
the
authority
vary
to
district
from
court,
Perrys
while
recognizing
Guidelines
range,
its
clearly
that:
become
(1)
oxycodone
serious
law
and
other
enforcement
opiate-based
issue
in
its
drugs
have
district;
(2)
Perry was not from West Virginia; and (3) his drugs were from
Detroit,
Michigan,
which
has
produced
extensive
criminal
activity.
Perrys assertions to the contrary, the district court
also explicitly considered Perrys history and characteristics;
namely,
his
upbringing,
lack
his
of
countable
education,
and
courts
comments
criminal
his
history,
potential
to
his
decent
become
at
sentencing
4
that
it
carefully
considered
the
Guidelines
and
the
3553(a)
factors
in
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED