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United States v. Jose Pina, 4th Cir. (2015)
United States v. Jose Pina, 4th Cir. (2015)
United States v. Jose Pina, 4th Cir. (2015)
No. 14-4355
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:12-cr-00049-RLV-DCK-2)
Submitted:
Decided:
PER CURIAM:
Jose Francisco Jimenez Pina pleaded guilty, pursuant to a
written
plea
agreement,
to
possess
with
intent
distribute
at
mixture
and
containing
to
substance
methamphetamine,
in
(i)
violation
conspiracy
of
to
least
distribute
500
grams
and
of
detectable
amount
U.S.C.
841(a)(1),
21
of
imprisonment
for
the
conspiracy,
followed
by
two-level
enhancement
for
maintaining
premises
for
the
filed
coerced
pro
into
se
supplemental
pleading
guilty
substantively unreasonable.
brief,
and
arguing
that
his
that
Pina
he
was
sentence
is
We affirm.
case,
and
have
found
no
2
meritorious
issues.
Before
plea
requirements
colloquy,
of
Rule
11
substantially
of
the
satisfying
Federal
Rules
of
the
Criminal
questions
whether
the
district
court
properly
purpose
review
of
manufacturing
sentences
for
41
(2007).
We
distributing
reasonableness
abuse-of-discretion standard.
38,
or
first
methamphetamine.
under
deferential
that
the
district
court
Id. at 51.
United
offense
(2012).
need
level]
by
levels.
U.S.S.G.
2D1.1(b)(12)
not
maintained,
be
the
but
sole
must
be
purpose
one
of
for
the
which
the
premises
defendants
primary
was
or
We
conclude
that
Pina
has
not
demonstrated
any
error
received
lower
sentence
had
the
error
not
occurred.
United States v. Knight, 606 F.3d 171, 178 (4th Cir. 2010).
The
district
the
statutory
court
here
mandatory
could impose.
departed
minimum
below
sentence,
the
Guidelines
the
lowest
to
sentence
it
that
Guidelines
is
range
is
within
or
below
presumptively
Any
properly
calculated
[substantively]
reasonable.
record,
we
conclude
that
Pina
has
failed
to
rebut
the
requires
that
counsel
inform
Pina,
in
writing,
of
This
the
may
move
representation.
in
this
court
for
leave
to
withdraw
from