Académique Documents
Professionnel Documents
Culture Documents
No. 13-4502
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:13-cr-00024-HEH-1)
Submitted:
Decided:
PER CURIAM:
Janell
Tovah
Fisher
appeals
from
the
120-month
imposing
an
upward
variance;
(2)
failed
to
consider
of
the
upward
variance;
and
(3)
imposed
an
We affirm.
Procedural
error
includes
improperly
Id. at
calculating[]
the
consider
adequately
the
explain
3553(a)
the
factors,
chosen
sentence.
or
Id.
failing
to
Substantive
Id.
See id.
is
procedurally
sentence
We
conclude
that
Fishers
reasonable. *
Id.
above-Guidelines
The
district
court
contend
adequately
otherwise),
explained
treated
the
the
selected
range
as
advisory,
sentence.
The
and
court
warranted
because
the
offense
indicated
involvement
in
system
lacked
the
desired
deterrent
effect.
In
addition, the court considered that the total offense level was
inadequate to reflect Fishers criminal history.
Further, the
court
noting
explicitly
addressed
Fishers
arguments,
that
the
sentence
advocated
by
the
Government.
While
the
regarding
state
unwarranted
that
Because
it
the
took
sentencing
into
account
disparities,
district
court
all
the
clearly
the
court
sentencing
considered
did
factors.
Fishers
considering
the
is
extent
nearly
the
of
three
totality
the
of
the
variance.
years
above
circumstances,
Although
the
Fishers
high-end
of
the
advisory Guidelines range, the district court did not abuse its
discretion in determining that such a deviation was justified by
the 3553(a) factors, including Fishers criminal history, the
need to protect the public, and the need to provide adequate
deterrence.
is reasonable.
Accordingly, we affirm the district courts judgment.
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED