Académique Documents
Professionnel Documents
Culture Documents
No. 12-4201
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-00185-D-1)
Submitted:
Decided:
January 7, 2013
PER CURIAM:
James Miller pled guilty to possession of contraband
by an inmate, 18 U.S.C. 1791(a)(2), (b)(3) (2006), and was
sentenced
to
term
of
fifty-eight
months
imprisonment,
an
Guidelines
applicable.
range
the
district
court
found
We affirm.
the
Guidelines
seriousness
firearms
of
range
Millers
offenses
of
37-46
offense,
beginning
at
an
his
in
history
early
age,
light
of
his
of
the
drug
and
repeated
reasonableness
States
Lynn,
v.
Miscalculation
procedural
of
the
Guidelines
discretion,
572,
552
tak[ing]
into
575
(4th
range
U.S.
sentence
Id.;
sentence.
F.3d
Gall,
of
592
error.
reasonableness
of
at
is
Cir.
is
51.
the
United
2010).
significant
The
substantive
reviewed
account
see
for
abuse
totality
of
of
the
Gall,
range.
552
U.S.
at
51.
In
reviewing
F.3d
359,
366
(4th
Cir.)
(citing
Gall,
552
U.S.
court
did
not
at
conclude
that
the
district
err
was
based
on
consideration
of
improper
factors,
too
heavily
on
its
own
3
subjective
belief
in
the
of
beliefs
in
determining
the
sentence.
The
courts
also
argues
that
the
extent
of
the
courts
for a variance must support the degree of the variance, but the
court need not identify extraordinary circumstances, even for
a major deviation from the Guidelines range.
Diosdado-Star, 630
that
the
district
court
adequately
Here, we
explained
its
with
oral
argument
because
4
the
facts
and
We
legal
AFFIRMED