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United States v. Steve Grogans, 4th Cir. (2012)
United States v. Steve Grogans, 4th Cir. (2012)
United States v. Steve Grogans, 4th Cir. (2012)
No. 11-4809
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Samuel G. Wilson, District
Judge. (7:11-cr-00021-SGW-1)
Submitted:
SHEDD,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Steve
Edward
Grogans
appeals
the
district
courts
On
We
affirm.
This court review[s] a sentence for reasonableness,
applying an abuse of discretion standard.
United States v.
court
imposes
sentence
outside
the
Guidelines
range,
we
to
its
decision
respect
to
the
extent
range.
123
(4th
to
of
impose
the
such
divergence
sentence
from
the
and
with
sentencing
2007)
We
will
affirm
if
the
[18
U.S.C.]
asserts
that
the
upward
variance
was
not
We have reviewed
the record and conclude that the district court considered the
parties arguments and fully explained its decision pursuant to
the
3553(a)
factors,
particularly
Grogans
extraordinary
See United
Grogans
must establish that an error occurred, that the error was plain,
and that the error affected his substantial rights.
States v. Olano, 507 U.S. 725, 732 (1993).
See United
Grogans fails to
dispense
with
oral
argument
because
the
facts
and
legal