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No. 08-4255
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:07-cr-00298-REP-1)
Submitted:
Decided:
PER CURIAM:
Kelvin Dewitt Goode pled guilty to driving after being
adjudicated
an
habitual
offender,
in
violation
of
18
U.S.C.
received
sentence
of
thirty-six
months
imprisonment.
First, Goode
consider
the
need
to
avoid
unwarranted
sentencing
Goode
contends
that,
because
the
relevant
We affirm.
Generally,
applying
an
abuse
we
of
review
sentences
discretion
for
standard.
reasonableness,
Gall
v.
United
States, 128 S. Ct. 586, 597 (2007); United States v. Pauley, 511
F.3d 468, 473-74 (4th Cir. 2007).
2
288,
citations
294
(4th
Cir.
omitted).
2008)
When
(internal
applying
the
quotation
plainly
marks
and
unreasonable
we
must
then
decide
whether
the
sentence
is
whether
an
unreasonable,
[p]lain
equivalently,
obvious.
unreasonable
is
sentence
synonymous
Id.
with
(internal
is
plainly
clear
quotation
or,
marks
and
determining
whether
the
procedural
district
court
reasonableness,
failed
to
we
must
consider
the
sentence
based
on
clearly
erroneous
597;
Pauley,
511
F.3d
at
473.
Next,
facts,
or
review
the
defendant.
United
States
v.
Johnson,
445
F.3d
339,
345
(4th
Cir.
courts
explanation
in
vacuum,
but
rather
will
Montes-
review
of
the
record
convinces
us
that
Goode
be
imposed
under
the
Virginia
guidelines
294.
Virginias
The
district
sentencing
court
indicated
guidelines
but
the
one
that
found
and
it
Goodes
considered
abysmal
However, in light of
thirty-six
months,
requirements
of
18
respect
the
law
for
misconduct.
which
it
U.S.C.
and
found
necessary
3553(a),
protecting
to
specifically
the
public
serve
the
promoting
from
Goodes
unreasonable.
Additionally,
Goode
misunderstands
18
U.S.C.
13s
Finley,
we
noted
that
like
punishment,
as
used
in
the
but
only
that
sentences
in
federal
court
for
Id.
Were
of
the
thirty-six
months.
state-prescribed
Because
range,
See
he
Goode
was
received
sentenced
a
like
as
it
is
greater
than
necessary
to
comply
with
the
Further, Goode
argues that the mere act of driving onto federal property does
not
warrant
sentence
so
much
longer
than
[he]
would
have
As we
sentence
purposes
of
is
not
greater
3553(a).
than
District
necessary
courts
to
need
further
not
give
the
equal
to
attached
great
weight
to
single
factor.
Id.
In this case,
Accordingly,
Goodes
courts
challenges
judgment.
to
his
We
sentence
dispense
and
with
affirm
oral
We
the
argument