Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 09-4251
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:08-cr-00182-JAB-1)
Submitted:
Decided:
PER CURIAM:
Amhal Rashad Bostic pled guilty pursuant to a plea
agreement to bank robbery with a dangerous weapon, in violation
of
18
U.S.C.
2113(d)
(2006),
and
carrying
and
using,
by
18
U.S.C.
sentenced
924(c)(1)(A)(ii)
Bostic
to
(2006).
thirty-three
The
months
district
on
the
court
robbery
949
F.2d
114,
116-17,
119-20
Cir.
1991).
U.S.
review
38,
51
(2007).
This
2
requires
appellate
consideration
of
both
the
procedural
reasonableness of a sentence.
sentence
assess
is
procedurally
whether
defendants
the
Id.
advisory
court
guidelines
substantive
In determining whether a
reasonable,
district
and
this
court
properly
range.
Id.
must
first
calculated
at
49-50.
the
This
factors
in
18
U.S.C.
3553(a)
(2006),
analyzed
the
Id.
United States v.
Bostics
individualized
Bostics
outside
case,
of
his
sentence
assessment
because
without
based
Bostic
guidelines
on
did
range,
explicitly
the
not
making
particular
argue
Bostic
did
for
facts
a
not
an
of
sentence
adequately
United
States
2010).
v.
Lynn,
592
F.3d
572,
579-80
(4th
Cir.
error: (i) was made; (ii) is plain (i.e., clear or obvious); and
3
(iii)
affects
his
substantial
rights.
United
States
v.
Even if we
a showing.
Finally, we review the substantive reasonableness of
the sentence.
Cir.
2007).
presume
that
sentence
imposed
within
the
Rita v.
566
presumption
F.3d
of
410,
414
(4th
reasonableness
to
Cir.
2009).
Bostics
Applying
the
within-guidelines
We
therefore
affirm
the
district
courts
judgment.
further review.
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED