Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 11-5007
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:97-cr-00133-H-4)
Submitted:
Decided:
May 8, 2012
PER CURIAM:
Christopher Tyrone Scott appeals from his thirty-month
sentence imposed pursuant to the revocation of his supervised
release.
sentence
should
statutory
be
maximum
imposed
after
affirmed
and
is
if
not
it
revocation
is
plainly
within
of
supervised
the
applicable
unreasonable.
United
this
determination,
sentence is unreasonable.
we
first
Id. at 438.
consider
whether
In
the
generally
the
procedural
and
substantive
considerations
that
some
necessary
The Guidelines
maximum was 36 months.
modifications
range
was
to
8-14
take
into
months.
account
The
the
statutory
unique
nature
of
supervised
release
revocation
sentences.
at
439.
Only
if
sentence
is
found
procedurally
or
plainly
unreasonable.
Id.
[T]he
court
ultimately
has
imposing
sentence,
consider
sentence
the
outside
extent
of
the
the
the
Id. at 439.
district
court
must
deviation
range,
and
ensure
it
must
that
the
the
recommended
Guidelines
range],
but
must
give
due
sentencing
judge
should
set
forth
enough
to
The
satisfy
the
has
reasoned
basis
decisionmaking authority.
325,
328
(4th
Cir.
2009).
for
exercising
his
own
legal
Carter
rationale
applies
to
595
F.3d
544,
547
(4th
Cir.
United States v.
2010)
(noting
that
statements
considered).
throughout
the
sentencing
hearing
may
be
makes
clear
that
the
sentencing
judge
considered
the
court,
sufficient.
court
we
conclude
that
the
courts
reasoning
was
listened
attentively
to
Scotts
arguments.
The
court
that
it
was
considering
the
maximum
The court
sentence,
but
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and