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United States v. Napoleon Ellerbe, 4th Cir. (2014)
United States v. Napoleon Ellerbe, 4th Cir. (2014)
No. 14-4051
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:13-cr-00113-WO-1)
Submitted:
Decided:
September 2, 2014
PER CURIAM:
Napoleon
Latawn
Ellerbe
pled
guilty
to
interference
1951(a)
brandishing,
(Count
Two),
district
(2012),
and
carrying
and
and
in
relation
to
U.S.C.
2,
during
18
court
sentenced
Guidelines
range
Ellerbes
counsel
to
132
has
firearms,
crime
924(c)(1)(A)(ii)
Ellerbe
months
filed
using
at
the
of
end
imprisonment. *
brief
violence
(2012).
low
pursuant
On
to
by
The
of
the
appeal,
Anders
v.
review
Ellerbes
sentence
for
reasonableness,
States,
552
U.S.
38,
51
(2007).
When
Gall v.
reviewing
the
circumstances
properly-calculated
and,
if
Guidelines
the
range,
sentence
apply
is
within
presumption
the
on
United
sentence
is
unreasonable
when
measured
against
the
[18
Pineda, 445 F.3d 375, 379 (4th Cir. 2006) (internal quotation
marks omitted).
On appeal, Ellerbes counsel argues that the district
court failed to consider nonfrivolous mitigating circumstances
and, as a result, Ellerbes sentence is greater than necessary
to accomplish the goals of 3553(a).
has
failed
to
overcome
the
appellate
at
sentencing,
defense
of
counsel
pointed
to
Ellerbes
situated
of
113
co-defendant,
months
in
Gerald
prison.
Tyler,
The
received
district
court
Tyler, the district court did not find the comparison helpful in
light of their respective roles, criminal histories, and Tylers
early admission of wrongful conduct.
to
vary
downward
and
to
impose
sentence
within
the
Guidelines range.
In accordance with Anders, we have reviewed the entire
record
and
Accordingly,
find
we
no
other
affirm
the
meritorious
district
issues
courts
for
appeal.
judgment.
This
move
in
representation.
this
court
for
leave
to
withdraw
from
AFFIRMED