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United States v. Alexander Robbins, 4th Cir. (2015)
United States v. Alexander Robbins, 4th Cir. (2015)
United States v. Alexander Robbins, 4th Cir. (2015)
No. 14-4783
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:14-cr-00025-FL-1)
Submitted:
Decided:
August 5, 2015
PER CURIAM:
Alexander Robbins challenges the substantive reasonableness
of the 71-month sentence imposed by the district court following
his
conviction,
pursuant
to
guilty
plea,
for
knowingly
U.S.C.
922(g)(1),
924(a)(2)
(2012).
In
imposing
the
range,
concluding
substantially
that
Robbins
underrepresent[ed]
criminal
the
history
seriousness
of
We affirm.
We
review
deferential
sentence
for
abuse-of-discretion
not
attention
assert
to
the
reasonableness,
standard.
applying
Gall
v.
United
procedural
sentencing
error,
substantive
reasonableness
of
we
turn
the
sentence,
our
id.,
standards
set
forth
in
[18
U.S.C.]
3553(a)
[(2012)],
An appellate
is
court.
insufficient
to
justify
reversal
of
the
district
2014) (quoting Gall, 552 U.S. at 51); see id. at 529 n.8; see
also Gall, 552 U.S. at 51-52.
Robbins first contends that the district court abused its
discretion by upwardly departing under 4A1.3, p.s., because
his
criminal
misdemeanor
offenses.
included
history,
though
convictions,
not
We
note,
numerous
lengthy,
violent
however,
that
misdemeanor
primarily
felonies
Robbins
included
or
firearm
criminal
convictions
for
history
assaultive
prevented
the
district
court
from
relying
on
these
sentencing
disparities
between
him
and
those
who
have been convicted under 922(g)(1) and have received withinGuidelines sentences after being accorded the same total offense
level
and
criminal
history
category
as
Robbins.
On
the
between
warranted.
54.
Robbins
and
his
putative
comparators
departure
might
be
unwarranted
inappropriately
applied,
itself,
be
cannot
the
grounds
if
imposition
for
the
of
concluding
the
that
departure
is
departure,
by
the
resulting
disparity is unwarranted.
Next, Robbins contends that the district courts rationale
for imposing its sentence was unreasonable because his criminal
history shows he was predominantly a drug user and not in the
habit of using firearms as part of his criminal conduct and
that, therefore, he presented a danger to himself more than to
the
public.
See
18
U.S.C.
3553(a)(2)(C).
Robbins
As
at
risk
regulations.
by
his
criminal
disregard
for
motor
vehicle
the
sentencing
violently
language
courts
harms
the
of
3553(a)(2)(C)
consideration
public,
and
4
to
the
does
not
criminal
possession
In any
limit
conduct
and
the
that
use
of
illicit
drugs
are
by
no
means
harmless
to
society.
See
was
deterrence
Robbins
unreasonable
when
irrationally,
punishment.
contends
is
he,
not
as
that
the
it
relied
because
a
drug
amenable
district
addict
to
the
on
the
compelled
deterrent
courts
need
for
to
act
effect
of
We have found no
is
drug
addict,
and
Robbins
points
to
none.
the
sentence
reasonable.
judgment.
legal
before
imposed
Accordingly,
on
we
Robbins
affirm
the
is
substantively
district
courts
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED