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United States v. Jhirmick Cabbagestalk, 4th Cir. (2014)
United States v. Jhirmick Cabbagestalk, 4th Cir. (2014)
United States v. Jhirmick Cabbagestalk, 4th Cir. (2014)
No. 13-4668
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:12-cr-00397-F-1)
Submitted:
Decided:
May 6, 2014
PER CURIAM:
Jhirmick Cabbagestalk appeals the district courts judgment
revoking his supervised release and imposing a twenty-four-month
prison term.
examining
supervised
release,
sentence
this
Court
imposed
takes
upon
a
revocation
more
of
deferential
than
sentences.
reasonableness
United
States
v.
review
Moulden,
for
478
[G]uidelines
F.3d
652,
656
We will
and
is
not
plainly
unreasonable.
United
States
v.
Crudup, 461 F.3d 433, 437-40 (4th Cir. 2006) (internal quotation
marks omitted).
of
original
sentences.
Id.
at
438.
revocation
U.S.
Sentencing
Guidelines
Manual
and
the
applicable
United States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010).
If the sentence is procedurally or substantively unreasonable,
we will consider whether it is plainly so.
at 439.
In
explaining
required
to
sentence,
robotically
subsection.
United
the
tick
States
district
through
v.
court
is
not
3553(a)s
Powell,
650
F.3d
every
388,
395
However,
sentence
592 F.3d
572,
omitted).
based
584
a district
Cir.
the
reasons
judge
3553.
(4th
Where
nonfrivolous
on
United
2010)
(internal
defendant
for
should
or
imposing
address
States
Lynn,
quotation
marks
prosecutor
the
v.
different
partys
presents
sentence,
arguments
and
United States v.
Carter, 564 F.3d 325, 328 (4th Cir. 2009) (internal quotation
marks omitted).
In
this
case,
counsel
for
both
the
Government
and
the
policy
imprisonment.
The
statement
range
of
five
to
district
court
responded
eleven
that
it
months
thought
violation
of
his
3
supervised
release
was
an
intentional
absconsion
probation officer.
and
Cabbagestalk
tried
to
avoid
the
appeal,
Cabbagestalk
contends
that
his
sentence
is
individualized
assessment
of
him.
Cabbagestalk
also
mental
health
treatment
and
because
the
district
court
of
in
statement range.
and
remand
for
the
support
nonfrivolous
of
arguments
sentence
within
raised
the
by
policy
On
4
remand,
the
district
court
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
this
Court
are
and