Académique Documents
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Culture Documents
No. 12-4160
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:11-cr-00211-D-1)
Submitted:
Decided:
November 7, 2012
PER CURIAM:
Sy Arthur Perri appeals his 108-month sentence after
his guilty plea to being a felon in possession of a firearm and
ammunition, in violation of 18 U.S.C. 922(g)(1) (2006).
challenges
the
district
Guidelines range. *
This
substantive
standard.
courts
calculation
of
advisory
We affirm.
court
reviews
reasonableness
sentence
using
the
for
procedural
and
abuse-of-discretion
his
Perri
the
reasonableness,
district
Guidelines range.
court
this
court
correctly
must
first
calculated
In analyzing
the
determine
advisory
The [G]overnment
F.3d 177, 182 (4th Cir. 2012); United States v. Harvey, 532 F.3d
326, 328 (4th Cir. 2008) (defining clear error).
Perri
reference
in
2K2.1(c)(1)(A)
first
challenges
U.S.
Sentencing
(2011),
to
the
application
of
Guidelines
Manual
2X1.1(a),
which,
USSG
cross-
(USSG)
in
turn,
See
USSG
2B3.1(a),
(b)(2)(B),
(b)(4)(A).
We
conclude that the district court did not clearly err in its
findings
of
application
fact
of
and
the
that
the
cross-reference
factual
findings
support
because
reliable
evidence
2B3.1(b)(4)(A).
forcibly
accompanied
another room.
We
conclude
enhancement.
The
district
victim
from
court
one
found
room
in
that
a
Perri
house
to
these
facts
warrant
application
of
the
We
conclude
that
this
conduct
is
sufficient
to
support
the
enhancement.
Finding no error in the district courts calculation
of Perris Guidelines range, we conclude that Perris sentence
is
procedurally
substantive
reasonable.
reasonableness
of
Perri
his
does
not
contest
within-Guidelines
the
sentence.
with
oral
argument
because
the
facts
and
We
legal