Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 08-4833
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad, Jr.,
Chief District Judge. (3:07-cr-00261-RJC-1)
Submitted:
Decided:
PER CURIAM:
David Edward Boland pled guilty to receiving visual
depictions of a minor engaging in sexually explicit conduct, 18
U.S.C. 2252(a), (b)(1) (2006) (Count One), and possession of
one or more books, magazines, periodicals, films, video tapes or
other matter containing any visual depiction of a minor engaging
in sexually explicit conduct, 18 U.S.C. 2252(a)(4)(B), (b)(2)
(2006).
upward
and
sentenced
Boland
to
234
months
Counsel has
stating
that
in
his
view,
there
are
no
meritorious
We affirm.
United
States,
552
U.S.
38,
41
(2007);
United
Gall
States
v.
Evans, 526 F.3d 155, 161 (4th Cir.), cert. denied, 129 S. Ct.
476 (2008).
both
the
sentence.
district
and
substantive
properly
of
calculated
2
reasonableness
the
defendants
advisory
Id. at 49-50.
we
sentence,
review
taking
the
into
substantive
account
reasonableness
the
totality
of
of
the
the
determine
whether
the
district
court
abused
its
v.
Hernandez-Villanueva,
We
will
find
473
sentence
F.3d
to
be
118,
123
United
(4th
unreasonable
if
Cir.
the
this
case,
procedurally reasonable.
the
district
Id.
courts
sentence
was
into
account
many
aspects
of
Bolands
conduct.
The
adequately
stated
its
reasons
for
granting
the
Bolands
sentence
was
substantively
category
of
II
substantially
under-represented
the
Furthermore, Boland
The court
therefore
See
departed
one
criminal
history
category.
U.S.
depart
reliable
upward
from
information
an
applicable
indicates
that
the
guidelines
defendants
range
if
criminal
of
was
videos
longer
than
five
minutes
in
images
possessed
by
Boland
greatly
exceeded
the
number
for
departure.
See
USSG
2G2.2
&
cmt.
See
considering
the
3553(a)
factors,
the
district
further crimes, the court stated that the primary purpose of the
sentence
was
to
protect
the
public
from
further
crimes
by
Boland.
After
range
establishing
of
188
to
235
newly
calculated
months
advisory
imprisonment,
the
the
consideration
consideration
guidelines
of
range,
reasonable.
district
of
the
courts
meaningful
3553(a)
factors,
reasons
we
warranting
find
articulation
and
its
departure
Bolands
careful
from
departure
of
the
sentence
We
further
find
Bolands
6
claims
in
his
pro
se
supplemental
brief
without
merit.
We
therefore
affirm
the
of
the
United
States
for
further
review.
If
Boland
Counsels
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED