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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4091
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:11-cr-00177-NCT-1)
Submitted:
Decided:
November 5, 2012
November 5, 2012
PER CURIAM:
Gabriel Chavez-Vargas (Vargas) pled guilty, pursuant
to
written
plea
agreement,
to
one
count
of
conspiracy
to
U.S.C.
846
(2006).
The
district
court
determined
that
Vargas was eligible for relief under the safety valve, 18 U.S.C.
3553(f) (2006), calculated his Guidelines range under the U.S.
Sentencing Guidelines Manual (2011) at seventy to eighty-seven
months
imprisonment,
imprisonment.
and
sentenced
Vargas
to
eighty
months
We affirm.
This court reviews Vargas sentence for reasonableness
under
deferential
abuse-of-discretion
standard.
Gall
v.
In conducting this
on
clearly
erroneous
facts,
2
or
failed
to
explain
sufficiently
rendering
the
selected
sentence,
sentence.
the
Id.
district
at
49-51.
court
must
When
make
an
marks
and
emphasis
omitted),
and
must
adequately
U.S.
at
50.
When
imposing
sentence
Gall,
within
the
elaborate
themselves
or
are
lengthy
in
many
because
ways
[G]uidelines
tailored
to
the
sentences
individual
and
the
sentence
is
free
of
significant
procedural
51.
If
Guidelines
sentence
the
range,
is
sentence
we
is
apply
substantively
within
the
presumption
reasonable.
properly
on
calculated
appeal
United
that
the
States
v.
Such a
is
unreasonable
when
measured
against
the
3553(a)
factors.
considered
the
advisory
Guidelines
range,
the
within-Guidelines
imprisonment
circumstances
was
of
characteristics.
Vargas
in
of
light
offense
argument
sentence
warranted
heard
eighty
of
and
the
his
months
nature
and
history
and
the
district
court
did
not
Accordingly, we conclude
abuse
its
discretion
in
sentencing Vargas.
In accordance with Anders, we have reviewed the issues
raised
in
Vargas
pro
se
supplemental
brief
and
the
entire
the
colloquy
court,
plain
we
error
review
only.
the
United
Fed.
R.
States
Crim.
v.
P.
11
Martinez,
277 F.3d
517,
524-26
(4th
Cir.
2002).
To
demonstrate
plain
error, a defendant must show: (1) there was error; (2) the error
was plain; and (3) the error affected his substantial rights.
United States v. Olano, 507 U.S. 725, 732 (1993).
In the guilty
error
affected
his
substantial
rights
by
showing
that, but for any error by the district court at the Rule 11
colloquy,
Vargas
would
not
have
entered
his
guilty
plea.
in
conducting
the
colloquy
did
not
affect
Vargas
therefore
affirm
the
district
courts
judgment.
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED