Académique Documents
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Culture Documents
No. 12-4789
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:11-cr-02135-JFA-1)
Submitted:
AGEE,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Abner Martinez appeals the district courts judgment
imposing
168-month
conspiracy
to
sentence
possess
with
following
intent
to
his
guilty
plea
to
and
to
distribute
appeal
sentence.
but
questioning
the
reasonableness
of
Martinezs
We affirm.
We review a sentence for reasonableness, applying a
deferential
abuse-of-discretion
standard.
Gall
v.
United
improper
calculation
of
the
Sentencing
Guidelines
range,
procedural
error,
also
Id.
review
the
substantive
18 U.S.C. 3553(a).
A within-
defendant
bears
the
burden
to
rebut
the
presumption
by
Pineda, 445 F.3d 375, 379 (4th Cir. 2006) (internal quotation
marks omitted).
We
conclude
that
the
district
court
imposed
The court
The
grounded
in
the
3553(a)
factors.
Finally,
we
ineffective
filed
assistance
of
pro
se
counsel
supplemental
in
plea
brief
raising
bargaining
because
See United
States v. King, 119 F.3d 290, 295 (4th Cir. 1997) (conclusive
evidence of ineffective assistance must appear on the record).
In accordance with Anders, we have reviewed the record in this
case
and
have
found
no
meritorious
3
issues
for
appeal.
We
therefore
affirm
the
district
courts
judgment.
This
court
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED