Professional Documents
Culture Documents
United States v. Ross, 4th Cir. (2008)
United States v. Ross, 4th Cir. (2008)
No. 07-5142
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. G. Ross Anderson, Jr., District
Judge. (7:07-cr-00401-GRA-1)
Submitted:
Decided:
PER CURIAM:
Dennis Eugene Ross pled guilty to being a felon in
possession of a firearm and ammunition, in violation of 18 U.S.C.
922(g)(1), 924(a)(2), 924(e) (2000), and the district court
sentenced him to 180 months in prison and five years of supervised
release.
We affirm.
We
have reviewed the record and find no plain error in the district
courts acceptance of Rosss guilty plea.
Appellate counsel next questions whether the district
court committed plain error in sentencing Ross to serve 180 months
- 2 -
See
F.3d 377, 387 (4th Cir.), cert. denied, 128 S. Ct. 2525 (2008).
We
Gall, 128
491 F.3d 178, 193 (4th Cir. 2007); see also Rita v. United States,
127 S. Ct. 2456 (2007) (upholding our presumption).
In sentencing, the district court should first calculate
the guideline range and give the parties an opportunity to argue
for the sentence they deem appropriate.
511 F.3d 468, 473 (4th Cir. 2007).
Id.
While a
district court must consider the statutory factors and explain its
sentence,
it
need
not
discuss
every
factor
on
the
record,
- 3 -
violent felony and/or serious drug offense, his offense level under
U.S. Sentencing Guidelines Manual 4B1.4 (2006) was thirty-three
before his three-level reduction for acceptance of responsibility.
With a criminal history category VI and the fifteen-year mandatory
minimum under 18 U.S.C. 924(e), Rosss advisory guideline range
was 180 to 210 months in prison followed by three to five years of
supervised release.
This
- 4 -
may
move
representation.
in
this
court
for
leave
to
withdraw
from
AFFIRMED
- 5 -