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United States v. Leon Collins, 4th Cir. (2012)
United States v. Leon Collins, 4th Cir. (2012)
No. 11-4928
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cr-00066-RJC-1)
Submitted:
Decided:
PER CURIAM:
Leon Fred Collins pleaded guilty to armed bank robbery
in
violation
sentenced
of
as
imprisonment.
18
career
See
(2010)(Career
U.S.C.
2113(a),
offender
U.S.
Offender
to
Sentencing
(d)
(2006),
term
of
Guidelines
Guideline).
and
was
210
months
Manual
4B1.1
Collins
appeals
his
We
affirm.
At
variance
his
below
sentencing
the
Career
hearing,
Collins
Offender
argued
Guidelines
that
range
a
was
review
sentence
under
deferential
abuse-of-
and
substantive
reasonableness
of
first
maintains
that
the
district
court
procedurally
Career
Offender
Guideline
mechanically
in
the
apparent
by
giving
particular case.
an
individualized
assessment
of
Collins
district
court
acknowledged
the
advisory
nature
of
the
The
district
facts
his
case
of
court
and
further
explained
discussed
that
the
Collins
specific
record
of
violations
of
probation
and
supervised
release
argued
of
there
is
no
reasonableness
the
procedural
of
the
circumstances
to
error,
sentence
see
by
whether
we
review
examining
the
the
the
sentencing
United
Court
Guidelines
217;
United
treats
range
States
a
as
v.
sentence
within
presumptively
Wallace,
2008).
3
515
properly
reasonable.
F.3d
327,
334
calculated
Id.
(4th
at
Cir.
Collins
seriously
contends
consider
his
that
the
argument
district
that
the
court
did
Career
not
Offender
court
may
considerations.
vary
from
the
range
based
on
policy
Santana, 668 F.3d 95, 101 (4th Cir. 2012) (internal citation
omitted).
Kimbrough
disagree
with
the
does
policy
not
require
underlying
appellate
courts
Guideline.
to
United
States v. Talamantes, 620 F.3d 901, 902 (8th Cir. 2010) (per
curiam).
Guidelines
for
policy
reasons
and
may
adjust
sentence
their
because
decisions
the
under
particular
more
Guideline
is
lenient
not
standard
empirically-
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED