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United States v. Moore, 4th Cir. (2010)
United States v. Moore, 4th Cir. (2010)
United States v. Moore, 4th Cir. (2010)
No. 09-4637
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:98-cr-00183-JAB-3)
Submitted:
Decided:
PER CURIAM:
Ricky Moore appeals the district courts revocation of
his supervised release and the twenty-one month sentence imposed
upon revocation.
to
Anders
v.
California,
386
U.S.
738
(1967),
questioning
concluding
there
are
no
meritorious
grounds
for
appeal.
We affirm.
3583(e)(3)
credibility
(2006).
We
determinations
review
for
such
clear
factual
error.
18 U.S.C.
findings
See
and
United
release
if
it
is
within
the
applicable
statutory
We first
to
take
into
account
the
unique
nature
of
United States v. Finley, 531 F.3d 288, 294 (4th Cir. 2008) (In
applying
the
determine,
States,
plainly
using
552
the
U.S.
unreasonable.).
unreasonable
instructions
38
If
given
(2007)],
we
standard,
in
whether
conclude
that
Gall
a
we
first
[v.
United
sentence
sentence
is
is
not
statutory
quotation
maximum.
marks
and
Crudup,
citations
461
F.3d
omitted).
at
439
(internal
While
sentencing
effective
review
court
need
robotically
not
subsection.
of
its
reasonableness
tick
through
on
appeal,
3553(a)s
the
every
Cir.
2007)
(probation
revocation)
United
(quoting
States
v.
However, it
Moore
the
upon
upon
court
revocation
correctly
revocation
was
of
his
determined
supervised
twenty-one
that
to
Moores
release.
guideline
twenty-seven
months
sentence,
range.
apart
from
noting
the
applicable
guideline
sentencing
equally
court
adequately
applicable
to
explain
sentences
its
imposed
be
as
upon
sentence
is
revocation
of
supervised release.
required
chosen
detailed
or
specific
as
when
imposing
Id. (quoting
chosen
sentence.
Though
we
afford
great
deference
to
impose
sentence
without
4
giving
any
indication
of
its
reasons
for
doing
Accordingly,
the
Thompson,
so.
district
courts
2010
WL
failure
624118
to
at
*2.
explain
its
of
the
because
district
Moore
courts
failed
to
object
explanation,
we
to
the
will
only
Though we have
found that a defendant need only ask for a sentence outside the
range calculated by the court prior to sentencing in order to
preserve
his
claim
for
appellate
Thompson,
review,
2010
WL
that
his
supervised
release
not
be
revoked.
The
range.
Accordingly,
Moore
has
not
preserved
his
review,
[A]n appellate court may correct an error not brought
to the attention of the trial court if (1) there is an
error (2) that is plain and (3) that affects
substantial rights. If all three of these conditions
are met, an appellate court may then exercise its
discretion to notice a forfeited error, but only if
(4)
the
error
seriously
affects
the
fairness,
integrity,
or
public
reputation
of
judicial
proceedings.
United
States
v.
Carr,
303
F.3d
539,
543
(4th
Cir.
2002)
Although
the
district
court
erred
in
failing
to
In
that
States
to
v.
which
he
Washington,
would
404
otherwise
F.3d
834,
be
849
United
subject.
(4th
Cir.
2005)
Here, Moore
Under these
sentence.
Moores
sentence
we
turn
After
was
to
the
reviewing
substantively
substantive
the
record,
reasonable,
propriety
we
find
as
he
of
that
was
and
have
not
identified
any
meritorious
issues
for
review.
but
frivolous,
If
counsel
counsel
representation.
the
client
believes
may
move
requests
that
in
such
this
that
a
court
petition
petition
to
would
withdraw
be
be
from