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United States v. Timothy Cleveland, 4th Cir. (2016)
United States v. Timothy Cleveland, 4th Cir. (2016)
No. 15-4481
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
Henry M. Herlong, Jr., Senior
District Judge. (7:14-cr-00784-HMH-1)
Submitted:
Decided:
Benjamin
T.
Stepp,
Assistant
Greenville, South Carolina, for
Howard, Assistant United States
Carolina, for Appellant.
Federal
Public
Defender,
Appellant.
Elizabeth Jean
Attorney, Greenville, South
PER CURIAM:
Timothy Arazil Cleveland pled guilty to bank robbery, in
violation of 18 U.S.C. 2113 (2012).
Guidelines
sentence
of
Clevelands
counsel
has
57
months
filed
He received a within-
imprisonment.
brief
pursuant
On
to
appeal,
Anders
v.
grounds
for
appeal
but
questioning
whether
the
abuse-of-discretion
552
U.S.
38,
41,
standard.
51
(2007).
Gall
This
v.
review
United
entails
reasonableness,
properly
range,
gave
calculated
the
parties
we
Id. at 51.
consider
whether
the
defendants
an
opportunity
In determining
the
advisory
to
district
Guidelines
argue
for
an
selected
clearly
erroneous,
sentence.
sentence
and
based
sufficiently
on
facts
explained
that
the
were
not
selected
Id. at 49-51.
review
it
for
substantive
reasonableness,
2
tak[ing]
into
Id. at 51.
Any
presumptively
substantively
reasonable.
United
States
v.
Louthian, 756 F.3d 295, 306 (4th Cir.), cert. denied, 135 S. Ct.
421 (2014); United States v. Susi, 674 F.3d 278, 289-90 (4th
Cir.
2012).
Such
presumption
can
only
be
rebutted
by
2012).
(1) there is an error, (2) the error is plain, and (3) the
error affects substantial rights.
133
S.
Ct.
1121,
1126
alteration omitted).
(2013)
(internal
quotation
marks
and
See
We
requests
that
petition
be
filed,
but
If
counsel
move
in
representation.
this
court
for
leave
to
withdraw
from
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED